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Berrien County parents file lawsuit against schools that enforced mask mandates

Posted at 4:59 PM, Jan 26, 2022
and last updated 2022-01-26 16:59:23-05

BERRIEN COUNTY, Mich. — Berrien County Parents for School Freedoms (BCP) has filed a lawsuit against several county school districts and their superintendents over universal masking policies.

The school districts named in the lawsuit are St. Joseph Public Schools, Lakeshore Public Schools and Watervliet Public Schools.

The Berrien County Health Department (BCHD) issued a school masking requirement back in September before revoking it later that month.

BCP claims Lakeshore Public Schools (LPS) and BCHD Health Officer Courtney Davis arranged a secret meeting on Oct. 4 at which school districts would commit to implementing universal masking policies and quarantine procedures.

Additional communication between BCHD Interim Health Officer Guy Miller and LPS Superintendent Greg Eding suggests the acknowledgement that no orders by the BCHD were in effect and that mask mandates were issued by the school districts’ choice, according to BCP.

Upon learning this, BCP says they and the Berrien County Board of Commissioners asked the county health department to explain their policies. We’re told it was at this presentation when Miller and Berrien Resa stated the state school code justifies the implementation of mask mandates and quarantine policies.

In summary, BCP says their lawyers argue the county’s school districts do not have a legal right to impose mask mandates, saying the decision falls on students’ parents in accordance with MCL 380.10.

No court dates have been set yet.

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