State’s motion to dismiss lawsuit against schools facemask mandate goes before judge


HARTFORD, Conn. (WTNH) — The state’s motion to dismiss a lawsuit by the CT Freedom Alliance went before a judge Monday. The group believes it is unconstitutional to mandate students to wear face masks in school.

The suit was filed against the State Department of Education and its commissioner Miguel Cardona. It alleges, based on science, that having kids wear masks at school is not only ineffective to prevent the spread of COVID-19 but is harmful to kids. 

RELATED: CT Freedom Alliance, CT parents file suit against CT Dept. of Ed over mask requirement in schools

The lawsuit is filed on behalf of four families from towns across Connecticut including Marlborough and Farmington. Attorney General William Tong and the education department have defended the measure saying masks keep people safe amid a deadly pandemic. 

The attorneys representing this case against the state are both Republican lawmakers in the state House of Representatives. They say their clients are experiencing “extreme harm” from wearing masks. Things like panic attacks, trouble breathing, and behavioral changes.

News 8’s Rich Coppola spoke with AG Tong Monday afternoon regarding the lawsuit.

He said, “I must tell you, as somebody on the front lines of trying to confront this public health crisis, along with the Commissioner of Public Health, along with the governor, our priority is to keep people safe and to save lives. That’s our job, and we’re gonna do it…Over a hundred years of precedent, there is no doubt the governor and the state of Connecticut have the right and the authority during a public health emergency and a civil preparedness emergency to require that people wear masks.”

In short, AG Tong said he is following both the law and the science, both of which he said are conclusive.

This hearing ended without a decision. It’s set to continue Tuesday.

The Freedom Alliance tells News 8 the judge instructed the parties to file briefs regarding the qualifications of the plaintiff’s expert witnesses and will issue a ruling with respect to the qualifications prior to Tuesday’s hearing.

The case documents can be found here.

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