An attorney representing 11 families will appeal a court ruling that upheld Fulton County Schools’ mask mandate. The legal turn comes as district officials say declining COVID-19 cases could allow students to remove masks soon in some schools.
A Superior Court judge ruled last week against the parents and denied their request for a temporary restraining order to prohibit the district from enforcing its mask rules. The parents contend their children have suffered physical and mental health problems because they were forced to wear masks in school.
Atlanta attorney Ray S. Smith III filed a notice that he will appeal their recent loss to the Georgia Court of Appeals. The county court logged his notice this week.
District officials said in a statement issued Wednesday that they will continue to defend the mask rules during the appeal.
“We agree with the judge’s ruling, which confirmed our legal position, and will advocate this through the legal process,” the district’s statement said. “In the meantime, we will maintain efforts to mitigate the impact of the COVID-19 pandemic so that we may remain focused on educating our students.”
The school system initially planned to make masks optional this year but changed its rules as COVID-19 cases began to rise and public health agencies advised mask-wearing.
In early August, district officials said masks must be worn in schools located in cities with more than 100 cases per 100,000 residents over a 14-day period. All sites within the district have exceeded that threshold since the first week of classes.
But cases are now dropping, and Superintendent Mike Looney told board members this week that he expects some of the district’s cities will fall below that marker soon, meaning masks will no longer be required in those schools.
As of Tuesday, Milton has the lowest COVID-19 rate in Fulton County with 146.7 cases per 100,000 residents, according to the Fulton County Board of Health data.
Looney faced questions from school board member Katie Reeves, who represents Milton and Alpharetta, over whether the benchmark was appropriate given vaccine availability and other variables.
“Parents do not want to have the mask off for a couple of weeks then be masking up again,” Reeves said. “They are worried that we’re going to have a bouncing ball that’s chasing every flu outbreak, everything that comes along, and they’re very worried about that because they want us to make a commitment that is reasonable.”
Looney said he also questions if 100 cases per 100,000 residents “is the magic number” for requiring masks. But he said that’s what public health agencies have defined as a high level of community spread.
Changing the threshold now would lead to whiplash and confusion, he said.
“I fervently believe that we are close to getting the pandemic under control in Fulton County specifically so that we can relax some of the standards that we currently have in place,” Looney said. “Until that time, I stand resolute to put the safety of students and staff first even though there’s broad disagreement about how best to approach this.”
The families suing the district have raised more than $30,000 so far to pay their legal costs. Christy McCranie, a plaintiff who organized the fundraising campaign, told supporters in an online post that it will “likely take weeks” to get a response to the appeal.
“Our children need us to stand up for their health and freedom. Kids everywhere need fresh air to be physically and mentally fit,” she wrote. “We have a duty to push back on government overreach, especially when they have reached into our family lives.”
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