Parents are suing to overturn the legislation banning mask mandates in Utah schools.
The parents involved in the lawsuit are concerned for their children who have underlying health conditions which make them more vulnerable to COVID-19 than other children. They don’t believe their children will be safe in the classroom if masks are optional.
Similar lawsuits have occurred across the country within recent weeks, says attorney Greg Skordas who is representing the Utah families in their lawsuit.
However, the last time the Utah Supreme Court considered a similar case was in 1900, only four years after Utah attained statehood.
At the time smallpox outbreaks were creating a public health crisis so justices allowed schools to require vaccines for students.
Professor of philosophy and Law at the University of Utah, Leslie Francis, said she believes the families have a clever legal strategy stating that the argument appeals to the idea that an education system must be open and safe to all children of the state.
However, former federal judge, Paul Cassel, says that federal judges tend to leave similar matters up to state and local authorities.
