DENVER (AP) _ A federal judge issued a restraining order against a suburban Denver county’s policy allowing parents to opt their children out of a mask mandate at school, finding the rule violates the rights of students with disabilities who are vulnerable to COVID-19.
U.S. District Judge John L. Kane on Tuesday called the Douglas County Board of Health order that allowed parents to opt their children out of mask-wearing a violation of the Americans with Disabilities Act, which guarantees equal access to education for all.
Kane’s order came after the Douglas County School District filed a federal lawsuit challenging the Board of Health order on behalf of nine students with disabilities, The Denver Post reported. The district argued that a lack of universal masking placed those students at high risk of severe disease.
It also challenged a relaxation of quarantine rules for students suspected of having the coronavirus.
Kane set a Nov. 8 hearing in the case.
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