Sedgwick County judges dismiss mask lawsuits from parents at Derby and Mulvane schools

Two Sedgwick County judges have allowed face mask requirements at area schools to remain in place after dismissing lawsuits brought by parents under the state’s new emergency management law.

The judges ruled against the parents, who argued that requiring masks in the classroom amid the coronavirus pandemic violated Senate Bill 40.

In separate orders filed this week in Sedgwick County District Court, Judge Eric Commer and Judge William Woolley denied petitions from Mulvane parent Lara Payton and Derby parents Richard Coleman and Michael Blankenship.

The parents had relied on a section of SB 40 that allowed grievances to be taken to court. The law, passed by the Republican-controlled Legislature and signed by Democratic Gov. Laura Kelly, requires a judge to swiftly hear and rule on challenges.

Courts are required to rule against school districts unless the judge finds the board’s actions were “narrowly tailored” to respond to the crisis and used the “least restrictive means” possible.

The parents argued that masks and other public health policies are too restrictive, asking the court to block mask and hand washing requirements at USD 260 and USD 263. The Mulvane petition also asked to block requirements for COVID-19 vaccinations and staying home when sick, among other public health recommendations.

Woolley’s written order did not elaborate on his legal reasoning, which was stated during the oral hearing. He heard the two Derby cases, which were consolidated for court hearings.

Commer wrote that SB 40 did not apply to the Mulvane school district because its mask requirement is more than 30 days old. The law, which was passed in March, requires challenges to be filed within 30 days from the time the action was taken.

Attorney David Seely, who represented the schools, wrote that Mulvane’s mask requirement and the rest of its reopening plan have been in place since July 27.

Woolley and Commer are both Republicans, as are all elected district court judges in Sedgwick County.