Judge denies restraining order request in student mask mandate lawsuit

Coronavirus

SAN DIEGO — A judge has denied a request for a temporary restraining order on mask mandates for students in grades kindergarten through 12th.

San Diego Superior Court Judge Cynthia Freeland said in court Thursday morning that she didn’t feel there was enough urgency behind the emergency request since California students have been in class since the lawsuit was filed in July.

“Here we are Sept. 30, school has started. Kids have been in school and the protocols have been in place,” Freeland said. “So I am not seeing an emergency today that would warrant issuing a temporary restraining order.”

Thursday’s hearing came after two groups, Let Them Breathe and Reopen California Schools, filed a lawsuit against Gov. Gavin Newsom over mask mandates in schools. The groups argue masking, testing and quarantine guidance is government overreach that is unnecessary, ineffective and harmful to students.

Freeland scheduled another hearing for Nov. 8 at 1:30 p.m. She said that should give both parties more than enough time to sort through evidence and documentation they plan on using in court, including more than 1,500 pages filed by the state late Wednesday in support of the mask mandate.

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