Missouri AG Files suit vs. School Districts that Mandate Masks

[TheRealJoey]

"Arbitrary, capricious, and an abuse of discretion."

Missouri attorney general sues school districts that mandate masks

Missouri Attorney General Eric Schmitt on Tuesday filed a lawsuit against school districts in his state that have required masks for students and teachers, calling the practice in a statement "arbitrary and capricious."

www.reuters.com

 

[Cards1968]

I don't know how at this point anyone can honestly feel nonsurgical masks work.

Vaccines are another story.

 

[freezeoption]

The Missouri ag is a douche bag. How about you try to get Kevin Strickland out of jail instead of worrying about this crap. Add the governor to that.

 

[TheRealJoey]

The Missouri ag is a douche bag. How about you try to get Kevin Strickland out of jail instead of worrying about this crap. Add the governor to that.

Don't be affraid to speak up and give us your real feelings.

 

[HomeyR]

Don't be affraid to speak up and give us your real feelings.

You trying to run the show Joey ? Just how affffffraid are you ?

 

[TheRealJoey]

You trying to run the show Joey ? Just how affffffraid are you ?

I AM the show, dog... You know that. I'm not affffraid to say...good for the AG. If we need something as drastic as a mask mandate let the county HEALTH officials and state HEALTH officials make the call. Not a school board.

 

[r14veer]

I AM the show, dog... You know that. I'm not affffraid to say...good for the AG. If we need something as drastic as a mask mandate let the county HEALTH officials and state HEALTH officials make the call. Not a school board.

From a purely legal/liability standpoint:

School boards have been making decisions about safety measures for the students in their districts since the inception of public schools, typically on the advice of experts. They can be, and have been, held liable in court. Districts, as they should, want to protect themselves from liability. Not protecting an entity from a potential liability that is almost certain to be tested at some point might be seen as negligent with tax dollars, as monetary damages are typically what people sue for in school safety cases.

 

[TheRealJoey]

From a purely legal/liability standpoint:

School boards have been making decisions about safety measures for the students in their districts since the inception of public schools, typically on the advice of experts. They can be, and have been, held liable in court. Districts, as they should, want to protect themselves from liability. Not protecting an entity from a potential liability that is almost certain to be tested at some point might be seen as negligent with tax dollars, as monetary damages are typically what people sue for in school safety cases.

Unfortunately, they will now be spending money on school district attorney fees for the AG lawsuit and the parent groups that are forming and lawyering up for lawsuits, some of which will be filed by tomorrow.

 

[TheRealJoey]

From a purely legal/liability standpoint:

School boards have been making decisions about safety measures for the students in their districts since the inception of public schools, typically on the advice of experts. They can be, and have been, held liable in court. Districts, as they should, want to protect themselves from liability. Not protecting an entity from a potential liability that is almost certain to be tested at some point might be seen as negligent with tax dollars, as monetary damages are typically what people sue for in school safety cases.

Deciding between not wearing masks and what that entails vs. wearing bacteria loaded Chinese face diapers, should be the call of Health officials.

 

[r14veer]

Deciding between not wearing masks and what that entails vs. wearing bacteria loaded Chinese face diapers, should be the call of Health officials.

The image of a "face diaper" loaded with bacteria is pretty funny, and I'm sure it gets people going who choose not to be bothered with logical argument, but it doesn't appear that Clay County's health department, at least, has changed their minds about the effects of mitigation measures, including masks: https://www.clayhealth.com/292/Face-Masks-and-Coverings :

"HOWEVER, businesses and organizations may still choose to require certain COVID-19 precautions, such as masking or physical distancing, in a manner they deem most appropriate to protect staff and customers. Clay County Public Health Center's guidance to schools remains the same."

 

[cardsrock15]

The image of a "face diaper" loaded with bacteria is pretty funny, and I'm sure it gets people going who choose not to be bothered with logical argument, but it doesn't appear that Clay County's health department, at least, has changed their minds about the effects of mitigation measures, including masks: https://www.clayhealth.com/292/Face-Masks-and-Coverings :

"HOWEVER, businesses and organizations may still choose to require certain COVID-19 precautions, such as masking or physical distancing, in a manner they deem most appropriate to protect staff and customers. Clay County Public Health Center's guidance to schools remains the same."

many years ago in college I worked at a hospital and was trained to help in moving everything from patients to food trays in and out of the Isolation units. We were taught the proper way to suit up and remove gowns , suits, mask and gloves to prevent the spread of highly infectious diseases ( I think I got an extra 50 cents an hour)

to think that people taking a mask that if it is doing its job correctly is covered with the coronavirus ,,,down from their rear view mirror and putting it on with their bare hands is doing anything to stop the spread is laughable

 

[TheRealJoey]

The image of a "face diaper" loaded with bacteria is pretty funny, and I'm sure it gets people going who choose not to be bothered with logical argument, but it doesn't appear that Clay County's health department, at least, has changed their minds about the effects of mitigation measures, including masks: https://www.clayhealth.com/292/Face-Masks-and-Coverings :

"HOWEVER, businesses and organizations may still choose to require certain COVID-19 precautions, such as masking or physical distancing, in a manner they deem most appropriate to protect staff and customers. Clay County Public Health Center's guidance to schools remains the same."

Okay Mr. Logic... So kids are wearing masks, sometimes the same one for a week or more. You are touching your face many more times... For 3 weeks the case rate has been 50 new cases a day...out of a population of 270,000

Bacteria is growing on your mask

How much bacteria is on your face mask? Doctors say after each wear, bacteria from even a healthy wearer’s own respiratory droplets collect on the inside of a mask and could contain airborne pathogens. Even more, many users choose to reuse the same mask for multiple days without properly...

cbs12.com

What’s That Growing on Your Face Mask?

FAU Schmidt College of Medicine researcher has developed a novel device to conveniently sanitize contaminated masks and other items at home or at work and has received a provisional patent for the technology.

www.fau.edu

 

[TheRealJoey]

And a school sets up a quarantine program where vaxed kids are NOT quarantined but kids that have already had COVID are? That makes no sense given the actual infections of vaxed people versus recovered. And no...recovered immunity can stop the variants that exist now. There is not one scintilla of scientific evidence that proves vaxxed immunity is superior to recovery immunity. In fact...the opposite. But school boards make that call? Why do you think lawsuits are being filed???

 

[Sam Stone]

Hillbilly politicians pandering to hillbilly voters

 

[TheRealJoey]

many years ago in college I worked at a hospital and was trained to help in moving everything from patients to food trays in and out of the Isolation units. We were taught the proper way to suit up and remove gowns , suits, mask and gloves to prevent the spread of highly infectious diseases ( I think I got an extra 50 cents an hour)

to think that people taking a mask that if it is doing its job correctly is covered with the coronavirus ,,,down from their rear view mirror and putting it on with their bare hands is doing anything to stop the spread is laughable

And everyone I know that works at hospitals agrees.

 

[r14veer]

Okay Mr. Logic... So kids are wearing masks, sometimes the same one for a week or more. You are touching your face many more times... For 3 weeks the case rate has been 50 new cases a day...out of a population of 270,000

Bacteria is growing on your mask

How much bacteria is on your face mask? Doctors say after each wear, bacteria from even a healthy wearer’s own respiratory droplets collect on the inside of a mask and could contain airborne pathogens. Even more, many users choose to reuse the same mask for multiple days without properly...

cbs12.com

What’s That Growing on Your Face Mask?

FAU Schmidt College of Medicine researcher has developed a novel device to conveniently sanitize contaminated masks and other items at home or at work and has received a provisional patent for the technology.

www.fau.edu

many years ago in college I worked at a hospital and was trained to help in moving everything from patients to food trays in and out of the Isolation units. We were taught the proper way to suit up and remove gowns , suits, mask and gloves to prevent the spread of highly infectious diseases ( I think I got an extra 50 cents an hour)

to think that people taking a mask that if it is doing its job correctly is covered with the coronavirus ,,,down from their rear view mirror and putting it on with their bare hands is doing anything to stop the spread is laughable

I barely know where to start with this one. This is the straw man to end all straw men. I don't know if it's common knowledge or not, but you shouldn't re-wear a mask for days on end.

 

[bullitpdq68]

In the words of @BoosterBosko Wrong Board!!! take it to the political board...

 

[TheRealJoey]

I barely know where to start with this one. This is the straw man to end all straw men. I don't know if it's common knowledge or not, but you shouldn't re-wear a mask for days on end.

Lol...you haven't been around teens in a while. And I'm guessing you don't know people in the medical profession.

 

[r14veer]

And a school sets up a quarantine program where vaxed kids are NOT quarantined but kids that have already had COVID are? That makes no sense given the actual infections of vaxed people versus recovered. And no...recovered immunity can stop the variants that exist now. There is not one scintilla of scientific evidence that proves vaxxed immunity is superior to recovery immunity. In fact...the opposite. But school boards make that call? Why do you think lawsuits are being filed???

You are quite correct on this particular point, according to a large Israeli study. I agree that this policy doesn't make sense, given what we now know. Conversely, though, I'm guessing that people will lie about having had the virus to avoid quarantine, as odious as it sounds, and then where is the proof one way or the other? If you want to argue that it is only infecting a tiny amount of the general populace overall and that we're blowing things out of proportion, that's ok, I think you could somewhat make that case, but you would have to also convince folks that the hospital bed shortages in hot spots are also being blown out of proportion.

 

[TheRealJoey]

You are quite correct on this particular point, according to a large Israeli study. I agree that this policy doesn't make sense, given what we now know. Conversely, though, I'm guessing that people will lie about having had the virus to avoid quarantine, as odious as it sounds, and then where is the proof one way or the other? If you want to argue that it is only infecting a tiny amount of the general populace overall and that we're blowing things out of proportion, that's ok, I think you could somewhat make that case, but you would have to also convince folks that the hospital bed shortages in hot spots are also being blown out of proportion.

There is a randomness to natural recovery as well, but multiple peer reviewed studies have 95%+ with robust immunity at 10-12 months. At the same time, there are people getting re-infected here and there..but nowhere near to the level of the vaxed people. Problem is in MAY, the CDC decided to not track post vax infection rates, so we don't know.

 

[r14veer]

Lol...you haven't been around teens in a while. And I'm guessing you don't know people in the medical profession.

Both of these assumptions are incorrect. No health professional is giving masking advice with the assumption that people are re-wearing their masks days at a time. They maybe ought to be more clear about what some might call common sense with regard to masks and infectious disease, but then teens aren't known for following common sense, medical or otherwise, are they?

 

[TheRealJoey]

Both of these assumptions are incorrect. No health professional is giving masking advice with the assumption that people are re-wearing their masks days at a time. They maybe ought to be more clear about what some might call common sense with regard to masks and infectious disease, but then teens aren't known for following common sense, medical or otherwise, are they?

Teens aren't known to die or get seriously ill from COVID either, are they?

 

[cardsrock15]

You are quite correct on this particular point, according to a large Israeli study. I agree that this policy doesn't make sense, given what we now know. Conversely, though, I'm guessing that people will lie about having had the virus to avoid quarantine, as odious as it sounds, and then where is the proof one way or the other? If you want to argue that it is only infecting a tiny amount of the general populace overall and that we're blowing things out of proportion, that's ok, I think you could somewhat make that case, but you would have to also convince folks that the hospital bed shortages in hot spots are also being blown out of proportion.

ICU shortages are taken a lot out of context. In most situations 75% of the beds are full of non covid patients ,,then when covid patients come in the ICU is to capacity. Covid patients can be put on ventilators in regular rooms

 

[BoosterBosko]

In the words of @BoosterBosko Wrong Board!!! take it to the political board...

Appreciate the shout out but I believe it was @RawMeat who coined that phrase.

 

[Eagles_Ball]

I don't know how at this point anyone can honestly feel nonsurgical masks work.

Because the world is full of dumba$$e$ that simply are scared to freaking death or too stubborn to admit to being wrong…or both. I honestly look forward to the day when the younger generation is adults and they start asking questions from the pictures.

 

[Eagles_Ball]

From a purely legal/liability standpoint:

School boards have been making decisions about safety measures for the students in their districts since the inception of public schools, typically on the advice of experts. They can be, and have been, held liable in court. Districts, as they should, want to protect themselves from liability. Not protecting an entity from a potential liability that is almost certain to be tested at some point might be seen as negligent with tax dollars, as monetary damages are typically what people sue for in school safety cases.

Except the only thing that would make them liable, in this case, is if they knowingly had infected students/staff AND refused to allow them to mask. That precedent has already been set.

 

[Veer2Eternity]

Except the only thing that would make them liable, in this case, is if they knowingly had infected students/staff AND refused to allow them to mask. That precedent has already been set.

Where did you get your law degree?

 

[r14veer]

Except the only thing that would make them liable, in this case, is if they knowingly had infected students/staff AND refused to allow them to mask. That precedent has already been set.

If you could cite the case law, that would go a long way toward being convincing on this.

 

[Sam Stone]

If you could cite the case law, that would go a long way toward being convincing on this.

😅

 

[Missouri Kid]

Actually, I have been thinking that the school districts may have welcomed this, it may be one of those contrived deals, in fact. This way you have one lawsuit instead of many all over the state contesting the mandates.
If the court says they can, then they proceed as mandated. If the court says they can't, then no liability for no mandate because they can say we wanted to but the court said we couldn't.
It looks to me like win-win for the school districts in this scenario.

 

[r14veer]

Actually, I have been thinking that the school districts may have welcomed this, it may be one of those contrived deals, in fact. This way you have one lawsuit instead of many all over the state contesting the mandates.
If the court says they can, then they proceed as mandated. If the court says they can't, then no liability for no mandate because they can say we wanted to but the court said we couldn't.
It looks to me like win-win for the school districts in this scenario.

Here's what I know about the legal system: any time you think something is cut and dried with no wiggle room, it is anything but that. That is a good thing, since every seemingly similar case has factors unique to it and worthy of consideration in a court room.

 

[Veer2Eternity]

If you could cite the case law, that would go a long way toward being convincing on this.

I just assumed everyone was a Constitutional Law scholar, infectious disease expert, economic guru and a top flight military strategist.

My bad.

 

[BoosterBosko]

I just assumed everyone was a Constitutional Law scholar, infectious disease expert, economic guru and a top flight military strategist.

My bad.

And booster club president!! A lot of folks on here THINK they know what it takes to run a booster club!

 

[TheRealJoey]

I just assumed everyone was a Constitutional Law scholar, infectious disease expert, economic guru and a top flight military strategist.

My bad.

Well, I did win the AmJur Award for Con Law II in law school.

 

[r14veer]

I just assumed everyone was a Constitutional Law scholar, infectious disease expert, economic guru and a top flight military strategist.

My bad.

You'd think that were the case.