Judge Takes Class Action Suit On Masking Under Advisement

Judge Douglas Jarman said he would take under advisement a request that the lawsuit by parents seeking to keep their Teutopolis School District students unmasked at school be a class action suit.

Attorney Thomas DeVore of Greenville, who is arguing similar cases in a number of venues, said that a class action suit is appropriate since all of the 1,048 students in the Teutopolis district would be involved in the decision, the question needs addressed whether students can be required to mask up, that DeVore is capable of representing all of the parents and students of the district, and that a class action suit would be a fair and appropriate way to address the matter.

Arguing for Teutopolis Unit 50, attorney Luke Feeney said he opposes a class action suit. Feeney said there are some Unit 50 students who are not at least 18 years old, so are not minors and could represent themselves in the matter, and that there likely some parents who feel that all students should be masked, so would not be fairly represented in a class action suit seeking elimination of any masking. Feeney also suggested that further filings will be forthcoming, so it could be premature to rule on the class action suit.

DeVore contended that if some parents favor masking, they can opt out of a masking waiver for their students.

Following the hearing, Judge Jarman said he has some time on Thursday when he could consider the merits of the matter, so a decision could be forthcoming then.

Still forthcoming is a hearing on October 14 when a request for a temporary restraining order on masking is scheduled.