Parents suing Lee County Schools say mask policy is unconstitutional

Parents suing Lee County Schools say mask policy is unconstitutional

PRESIDENT TRUMP’S EFFORTS TONAME A NOMINEE.

FOX 4 NEWS ATSIX STARTS RIGHT NOW.SOME PARENTS ARE SUING THE LEECOUNTY SCHOOL DISTRICT FORREQUIRING STUDENTS TO WEAR MASKSIN SCHOOL.

THEY CLAIM THE POLIVIOLATES THEIR KIDS’CONSTITUTIONAL RIGHTS.

HI, I’MPATRICK NOLAN.AND I’M JANE MONREAL..FOX 4’SROB MANCH SPOKE WITH THEIRATTORNEY TODAY TO LEARN MOREABOUT THE ARGUMENT.HE’S LIVE FOR US TONIGHT OUTSIDTHE SCHOOL DISTRICT OFFICE...WITH HOW THEY SAY A MASK POLIVIOLATES THE CONSTITUTION.THE FLORIDA CONSTITUTIONGUARANTEES THAT EVERY STUDENTCAN HAVE A FREE, AND UNIFORMPUBLIC EDUCATION.THAT WORD "UNIFORM" MEANS IT HASTO BE EQUAL, YOU CAN’T GIADVANTAGES TO ANY STUDENTS.BUT THE PARENTS IN THE LAWSUITSAY E-LEARNING IS NOT EQUAL TOLEARNING IN-PERSON, AND FORCINGSOME KIDS TO CHOOSE THAT OPTIONIS UNCONSTITUTIONAL.10 TO 1538 TO 431:00 TO 1:05We spoke with one of the parentsin the lawsuit, Daniella Dye,when she was out protesting theschool district’s mask policyback in July.Daniella Dye, Parent Named InLawsuit: "We have consulted witout pediatrician and ourdoctors, two different doctors,on two different occasions tofind out what’s best for ourfamily.

So we may an educateddecision and the decision shouldbe left to the familiesthemselves."(12s)Her attorney, Patrick Leduc,says every one of the fourfamilies he represents has achild that is e-learning becausethey can’t wear a mask for sevento eight hours a day.He says that violates Florida’suniformity clause, and may evenviolate federal law as well.Patrick Leduc, Attorney InLawsuit: "E-learning is not auniform system of education.fact, e-learning is separate andunequal.

E-learning violatesBrown vs.

Board of Educatiothat says that separate butequal is inherently unequal."(13s)I also spoke with aconstitutional scholar at FGCUabout the case.Professor Pamella Seay saysuniformity isn’t the onlyConstitutional requirement for aschool district.Pamella Seay, FGCU JusticeStudies Professor: "That safeenvironment is also one of thethings required under theConstitution of the State ofFlorida.

So providing that safeenvironment is why they’remandating the mask.(12s)Seay says she thinks the lawsuiwill likely fail in court.But Leduc says they’re pushingahead, because he also wants tomake a point about checkinggovernment overreach, even in anemergency.Patrick Leduc, Attorney InLawsuit: "This lawsuit is aboutempowering parents to makedecisions for their children,because parents know theirchildren, and love thechildren more than the schoboard does."(10s)THERE ISN’T ANY TIME FRAME RIGHTNOW FOR THIS CASE TO BE HEARD,AND WITH COURTS BACKED UP WITHCASES, IT COULD BE A LONG TIMEBEFORE WE KNOW HOW A J