Allen ISD parents refile mask mandate lawsuit, adding McKinney ISD, TEA as defendants

An attorney representing parents in Allen ISD refiled a federal civil rights lawsuit today over their school district’s lack of a mask mandate, adding the parents as plaintiffs to a lawsuit originally filed late last month against Frisco ISD, Lago Vista ISD, Hurst-Euless-Bedford ISD and Grapevine-Colleyville ISD.

The amended complaint — filed in U.S. district court in the Western District of Texas instead of the Eastern District, as it was at first, adds three defendants: the Texas Education Agency, McKinney ISD and Tomball ISD, in the Houston suburbs.

The lawsuit seeks a temporary restraining order and permanent injunction that, if successful, would require the Texas Education Agency to adhere to Centers for Disease Control and Prevention guidelines for all the districts named in the case — including universal masking.

The change of venue means that instead of receiving a ruling in the Eastern District from U.S. District Judge Sean Jordan, who was initially assigned to the case, the lawsuit will be heard by U.S. District Judge Robert Pitman.

Jordan was nominated by a Republican, former President Donald Trump, and Pitman was nominated by former President Barack Obama, a Democrat.

Allen ISD said in a prepared statement late Thursday that the plaintiffs’ attorney, Martin Cirkiel, is “forum shopping” — or choosing to file in a court that will treat the lawsuit’s claims more favorably.

“Once again, this process will cost Allen ISD considerable man hours and legal fees to defend itself in court,” the statement read.

The district also said it would continue to follow its COVID-19 safety procedures “that have resulted in low active case rates,” of 0.16% of the student population.

Cirkiel, McKinney ISD and the Texas Education Agency did not immediately respond to requests for comment.

Previous lawsuit

Allen ISD parents dropped their original civil rights lawsuit two weeks ago, after Jordan denied their request for a temporary restraining order against the school district. He had not yet ruled on a permanent injunction.

Officials said the district has already spent tens of thousands of dollars defending the suit.

“To hear the AISD lawyers argue they don’t have a legal duty to protect our kids from other kids really shocked and hurt me,” Therissa Grefsrud, a district parent named in the lawsuit, said after the first hearing in early October.

“And then to see them essentially light a cigar and claim victory … there aren’t winners in this COVID-19 pandemic.”

Allen ISD said in a prepared statement after the denial that it was an “important victory” and that its strong case in court likely influenced the parents to drop the case, but their attorney denied that.

“This decision was not made because we feel AISD is providing reasonable COVID safeguards based on medical guidance. This decision was not made because we feel AISD has a strong legal case,” their attorney’s office said in a prepared statement at the time.

The federal class-action lawsuit filed on behalf of more than 1,000 parents in early September alleged that the Allen school district’s refusal to require masks violated students’ constitutional rights to life, liberty and the pursuit of happiness

Other COVID-19 protocol lawsuits filed in Texas and other states are alleging discrimination against disabled students. But the legal complaints filed against North Texas districts allege a violation of the constitutional rights of all students, according to a statement from the plaintiffs’ law firm.

Allen ISD and many other parents in the district dispute the lawsuit’s claim that not requiring masks — which public-health experts say can slow the virus’ spread — is a violation of constitutional rights.

“The District, however, strongly disagrees that the students’ constitutional rights have been violated by leaving masks as an option for students and staff,” spokesman David Hicks said in a prepared statement to The Dallas Morning News last month.

Allen parents previously told The News that they felt legal action was the last recourse they had to keep their children safe. In the weeks leading up to the lawsuit’s filing, parents protested outside school board meetings, sent Allen ISD a grievance letter with hundreds of signatures and pleaded with the district to change its policy.

Parents said the litigation wasn’t about the money, but about health and safety — especially for kids too young to be vaccinated.

“I want my kids to be in a safe learning environment,” Grefsrud, a registered nurse specializing in infection prevention and epidemiology, said last month. “And I think that all of our kids in this community deserve a safe learning environment.”

COVID-19 cases among children

New admissions for coronavirus patients are declining in the four most populous North Texas counties, according to UT Southwestern Medical Center, and city data show that Allen’s active cases of the virus have decreased for six consecutive weeks.

But a disproportionate number of severe cases are occurring among children.

During the most recent COVID-19 surge over the summer, pediatric COVID-19 hospitalizations were seen at unprecedented levels, peaking in early September. Providers said they saw an uptick in kids testing positive for the disease in August and September compared with prior months.

As of Oct. 21, Allen ISD has at least 40 active cases of COVID-19, according to the district’s dashboard. Half of the cases are in elementary school students, data show.