Judge dismisses mask mandate lawsuit against school district

“Relieved to no longer have to manage this lawsuit”

[  By Kendra Walker  ]

On April 26, Gunnison County district court Judge Steven Patrick granted the Gunnison Watershed School District’s motion to dismiss the entire mask mandate case against the district. Patrick dismissed the case as moot and further dismissed plaintiffs Michael Spritzer and McKenna Basara for lack of standing.  

Plaintiffs Spritzer, Basara, Tomas Gomez and David Justice filed the lawsuit against the school district on October 6, 2021 as a result of the district’s indoors mask mandate enacted on September 13. The plaintiffs have previously stated they believe the school district mask mandate to be unlawful and superintendent Dr. Leslie Nichols and the school board did not have the authority to implement such action.

The district lifted the mask mandate on February 14, 2022 and on March 10, the court dismissed four of the claims and dismissed plaintiff Justice from the lawsuit entirely. The remaining three claims were then dismissed in this latest April 26 order, based on mootness. 

According to the judge’s order, the reasoning for dismissal was because the “Defendants, by and through Superintendent Nichols, rescinded the District’s universal mask mandate on February 14, 2022. Therefore, there is simply no universal mask mandate for the Court to enjoin or declare unlawful. Plaintiffs’ children can attend District schools with or without a mask. As such, Plaintiffs’ lawsuit is moot because any relief granted by the Court would have no practical legal effect and there is no live controversy amongst the parties.”

In addition, Spritzer and Basara were dismissed based on standing because they withdrew their son from school on January 12, 2022.

“It’s a relief to no longer have to manage this lawsuit, and we know our school district did a fabulous job keeping the schools open for the duration of the pandemic,” said Nichols. “I’m proud of all the hard work our teachers and staff put in to make that happen, and we’re so grateful for all the support we’ve received from families, staff and the entire community.”

The Crested Butte News also reached out to Gomez, the only remaining plaintiff, for comment on the order. “The dismissal of the case is somewhat disappointing, but not all that surprising,” said Gomez. “The defense deployed a ‘run out the clock’ strategy which turned out to be fairly effective. Their intent was to obfuscate, spin and avoid addressing the arguments we presented. However, as time passed, I think it was becoming apparent that we had various winning arguments the judge either could not or would not dismiss. Couple that with the many anti-mandate lawsuits based on similar arguments being won around the country (including the recent ruling overturning the mask mandate for travelers) and I think the school district was compelled to abort their failed anti-science mandate…”

He continued, “This case wasn’t about masking’s effectiveness or its terrible impacts. We did not broach that topic in our official complaint. We raised important constitutional issues and legal questions that will remain unanswered for now… The essence of the case was that in the absence of any overarching emergency declarations or public health orders from the appropriate authorities, the school district had no right to unilaterally violate parental rights and force an unwanted medical device (facial covering) on children in school… if the school district feels compelled to violate my family’s rights again, we stand prepared to re-file the case.” For Gomez’ full response, see page 11.

According to Nichols, the district has been billed $52,000 relative to the lawsuit. She noted that the district is currently working to wrap up final costs with their insurance, which is expected to honor a $5,000 deductible for the district. 

Nichols also said with the lawsuit behind them, the district “can focus on our pressing facility needs and the bond issue likely appearing on this fall’s ballot.” The district is planning for a November ballot measure to fund a facilities improvement project to address school building needs, including improved security, building capacity and maintenance and sustainability upgrades. “We are driven to be the difference for our community, and ensuring our kids and teachers have functional facilities that meet our needs is essential,” she said.