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CT Supreme Court to Hear CT School Mask Lawsuit!
Court Dismisses School Mask Lawsuit; Plaintiffs Vow To Appeal!
MAY 24, 2021 (HARTFORD, CT) - A Connecticut Superior Court judge has dismissed a lawsuit filed by the CT Freedom Alliance, LLC, which sought to strike down the school mask mandate issued by the Connecticut Department of Education, and later by Governor Ned Lamont, last year. In a brief decision spanning just over four pages, Judge Thomas Moukawsher granted "the defendants a full and final summary judgment--not merely because the lawsuit is moot--but because the actions of the executive have been ratified as correct by both of the other co-equal branches of government." Earlier this month, the CT General Assembly passed legislation ratifying the Governor's executive orders related to the COVID-19 pandemic, and providing an oversight mechanism for future executive orders issued pursuant to a "civil preparedness emergency." In March, the CT Supreme Court ruled in Casey v. Lamont that Governor Lamont acted within his Constitutional authority when he issued executive orders that resulted in widespread business closures across the state, including the plaintiff's Milford, CT bar.
CT Freedom Alliance, LLC Co-Founder and General Counsel Brian Festa remarked on the court's decision, and promised to appeal. "We respectfully disagree with the court's decision today in the school mask lawsuit. The plaintiffs remain steadfast in their position that the school mask mandate was not only an unconstitutional overreach of executive authority, but that it was--and continues to be--far more of a threat to children's health than the coronavirus. We look forward to presenting our arguments on appeal." Festa added that the CT Freedom Alliance planned to file an appeal in short order.
The full text of Judge Moukawsher's decision can be found here.
Major Decision in CT School Mask Lawsuit!
Judge Thomas Moukawsher has issued a ruling in the Connecticut school mask lawsuit that contains a strong rebuke of the notion that the Governor can exercise unilateral executive authority, even during a pandemic, that continues indefinitely and without legislative oversight. This could have huge implications that stretch far beyond masks in schools. The 36-page decision examines the long and sordid history of tyrannical rulers exploiting emergencies to gain greater power and further oppress their people.
Although he stops short of granting the CT Freedom Alliance the full relief they are seeking (i.e., a disposal of the school mask mandate), the decision is in many respects a breath of fresh air. Judge Moukawsher realizes the very real danger of history repeating itself in present-day Connecticut and America, remarking that "... American law has bent far too low in lesser winds. Far lesser crises have seen us toss aside until better times the legal values we claim to hold most dear. And if we enjoy our rights only in better times, they aren't doing us much good. ... It's only when leaders evolve into masters and masters transform into tyrants that we regret losing the means to keep them in check in the ways enshrined in our founding legal documents. And by then it is too late." Read the full decision here.
Please help us finish the important work we have started by making a contribution to the CT school mask lawsuit legal fundraiser today!
We would like to take this opportunity to personally thank the Medical Freedom Coalition (Curtis Cost, Aga W., Antonia D., Elizabeth G., Nate D., Lawren, and Dan T.) for their extraordinary work in assisting us in our fundraising efforts for the CT school mask lawsuit.
Special thanks also to Danielle D., who created the promotional video and worked tirelessly promoting the fundraiser in her networks.
We are very grateful for your support!
What we are fighting
The CT Freedom Alliance is fighting to strike down the state's mandate that all children wear masks in school, with rare exceptions.
Why this is so importantWe are asking advocates from all over the country to support our fight in this battle, for this simple reason: If we lose, the CT mandate will likely be used as a blueprint to mandate masks in schools in other states. For the sake of our kids, we cannot let this continue. If we win, the case could be a blueprint for those challenging school mask mandates in other states, and start a domino effect.
About kids and masks
Above and beyond the fact that a large body of science shows that masks do not prevent the spread of viruses (especially aerosolized viruses like COVID-19), mask wearing in children is particularly problematic. Prolonged and/or incorrect use can lead to difficulty breathing, severe headaches, increased anxiety and panic attacks, skin rashes, bacterial imbalance in the mouth ("mask mouth"), and more serious conditions like pleurisy (bacterial infection of the lungs).
Additionally, not getting clean air makes it impossible for kids to perform at their best levels. They need good air to thrive, think, and learn.
About the exceptions
The current law does not make adequate allowances for physical or emotional disabilities - there are so few exceptions that they are essentially irrelevant. Children with asthma or respiratory challenges need to breathe mask-free. And children with autism or other sensory challenges simply cannot focus with the discomfort/distraction of wearing a mask. And all children - but particularly children with social struggles - need to be able to see people’s facial expressions to support their social and emotional development.
To be clear, we are against mandating masks for all children.
Schools have reopened across various states and across the world that do not require children to wear masks, and data shows that this has NOT led to large COVID outbreaks in their communities. Masks are simply unnecessary and unsafe for schools.
Join us to take back our Children’s freedom and the right to grow up in healthy and safe environments! We are counting on you!
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