Parents sue Missoula school district over mask requirement
HELENA (AP) — Several parents are suing Missoula public schools over a mask requirement as the school year in Montana is set to begin amid a new wave of Covid-19 cases.
An attorney representing parents of students in Missoula said the requirement is in violation of the state's constitution, which guarantees individuals the right to make their own medical decisions.
Lawyer Quentin Rhoades said Thursday that there isn't sufficient scientific evidence that children wearing masks prevents the spread of the coronavirus for the government to override that individual right.
Kevin Twidwell, an attorney at the Kaleva law office representing the schools, said they disagree with the allegation that face coverings violate the plaintiffs' constitutional rights.
An online fundraiser organized to cover the costs of filing the lawsuit raised $10,000 as of Thursday.
Matt Stivers, who donated $100, wrote that his son has difficulty breathing while wearing a mask because of a heart defect.
"Kids need to see each others' faces and deserve a normal experience in school. They are being deprived of non-verbal communication with other students," Stivers wrote on the fundraiser page.
The Missoula County Public Schools Board of Trustees voted earlier this month to approve the mask mandate for the first six weeks of school.
Missoula is one of several districts in Montana where masks are required for students and staff, following recommendations issued by the U.S. Centers for Disease Control and Prevention, in part because vaccines are not yet available for children under age 12.
In Billings, a mask mandate issued Saturday has led to pushback from teachers. Three teachers in the district were placed on unpaid leave over refusing to follow the policy. Some students were also denied entry to schools for refusing to wear masks.
Superintendent of Public Instruction Elsie Arntzen, a Republican and a former elementary school teacher, was among the hundreds of people at a protest held earlier this week in Billings opposing the mask requirement.