Judge denies request for restraining order on school mask mandates
A judge in Vista has denied a request for a temporary restraining order against California’s mask mandate for schools.
In denying the request Thursday morning, San Diego County Superior Court Judge Cynthia Freeland said, “Here we are, Sept. 30th, school has started, kids have been in school with masks and the protocols have been in place. So I'm not seeing an emergency today that would warrant issuing an emergency restraining order.”
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The request for a restraining order was part of lawsuit filed against the state and Governor Gavin Newsom by Let Them Breathe and Reopen California Schools.
The groups claim masking, testing, and quarantine protocols in schools are not supported by science and are doing more harm than good, claims the state denies.
In a written statement to KPBS, Newsom's office said the guidelines are firmly grounded in science, adding, "Recent studies confirm that schools with universal masking requirements are much less likely to experience outbreaks, confirming that masking is a critical strategy to keep students safe and schools open."
After the hearing, Sharon McKeeman, the founder of Let Them Breathe, said, “We knew that it might be difficult to get that emergency restarting order, but obviously our kids are suffering behind these masks. We want this to happen as quickly as possible, but I am thankful that we are going to be having that full hearing at the start of November.”
Judge Freeland scheduled a full hearing on the suit for November 8th. She said this extension will allow both parties to review and submit their supporting arguments, which she noted have been extensive in length, with the state submitting a 1600 page report and Let Them Breathe using various links and articles.
“This is not something that anyone should approach lightly and I want everyone to have sufficient time to be able to provide all the necessary information because this is a significant issue,” Freeland said.