Federal Judge Dismisses Lawsuit Opposing Gov. Sisolak’s School Mask Mandate

Following the mask mandate imposed on Nevada public school children by Nevada Governor Steve Sisolak and the Clark County School District (CCSD), parents filed a lawsuit in federal court in August 2021 seeking an injunction and damages. Federal Judge Jennifer Dorsey dismissed the lawsuit without hearing any evidence from expert witnesses regarding the alleged harm caused by mask mandates.

CCSD parents, Monica Branch-Noto and Tiffany Paulson filed the lawsuit claiming civil rights violations and health risks to their children. All children within the school district are forced to wear a mask 8 hours per day while in school—even while playing outside.

The lawsuit claims that Governor Sisolak and CCSD: “have willfully and wantonly disregarded the constitutional rights of the children attending Clark County School District and/or private schools subject thereto. Defendants engaged in child abuse as defined in NRS 200.508 by forcing students to wear masks in accordance with arbitrary and capricious protocols.”

The attorneys for the parents are Republican candidate for Governor Joey Gilbert and Republican candidate for Nevada Attorney General Sigal Chattah.

During the hearing, Chattah argued that the Governor and the school district failed to provide due process by not holding a public hearings and allowing the elected School board to vote on the mandate. Chattah argued that the Governor’s 20-plus-month emergency powers were a violation to their constitutional rights.

Judge Dorsey, who was proposed by Sen. Harry Reid and nominated by President Obama, challenged Chattah’s assertion that school districts cannot require students to wear medical devices like a mask. Judge Dorsey asked Chattah if schools can require students to wear shoes to school and goggles in science class. Chattah replied that mask mandates in a state with a .002% mortality rate are not medically justified.

The lawyer for Governor Sisolak argued that the polices put forth under emergency powers were lawful because they were following the CDC guidelines. Chattah argued that 42 states have suspended mask mandates. Sisolak’ council shot back claiming the mask mandates were why the mortality rate was so low.

Sisolak’s lawyer then claimed that if Nevadans don’t like the governor’s policies, they can vote him out of office in 2022. Sisolak’s lawyer went on to say that parents give up their rights when they drop their kids off at public schools: “If parents don’t like the rules, they can home school, send their kids to private schools or distance learn.”

Chattah issued the following statement following yesterday’s decision: “Sometimes you have to lose a few battles to win the war. Judge Dorsey denied our request to end the mask mandates in schools and dismissed our case. The adverse effects on our children, masked in schools is worth every lash I take to fight for them. Momma bears unite!”

Plaintiffs Branch-Noto and Paulson have filed an appeal.