Chippewa Valley Schools parent group files lawsuit against mask mandate

FOX 2 - A group of parents have filed a lawsuit against Chippewa Valley Schools over a mask requirement that would go into effect on Jan. 12th and ends Feb. 4.

"We are fighting for parental rights," said Monica Radyko. "We’ve been mask optional since September."

Radyko said her family has had Covid twice, but she believes wearing a mask should be optional.

"I pulled my kids from school for these three weeks because when I told my son he had to wear a mask he was in tears," she said.

Attorney Jimmy Thomas who filed the lawsuit against the district says the superintendent does not have the authority to institute a mask requirement.

"In this situation, which as the superintendent he has executive authority, under his position who is promulgating a law," Thomas said. "He’s creating a mask mandate and that’s the legislative branch’s job to do.

"We want the court to issue declaratory relief saying you can’t do this

Fox 2 reached out to the school district to request an interview. The school board president said in a statement that "unfortunately we do not comment about pending litigation."

Officials from the superintendent’s office did not comment either but sent FOX 2 the letter issued to families in which the superintendent said, "As more students and staff members test positive for Covid, the school district l will require all K through 12th-grade students to wear a mask in school, on the bus, and when attending school-related sports and activities."

"I personally was so grateful that we finally had the district following the science," said parent Julie Hasse. "Unfortunately the mask mandate went in about a day or two late for my family because my oldest son likely contracted Covid from school. I wish that had been in place from the start especially when they came back in January."

In a statement, attorney Bob Schindler who is representing the school district told FOX 2 that:

"Superintendent Ron Roberts discussed the temporary mask mandate with the Board of Education at a public meeting on January 10th.  No Board members formally objected to the mandate.

"The Superintendent’s decision was within the authority granted to him by the Board through its policies."

But those in support of the lawsuit believe only parents should have authority over their kids.

"We are the decision-makers for our children and not allow the school district to do it," said Radyko.