Parents sue Katy ISD, alleging mask rules violate Abbott order

A group of Katy Independent School District parents filed a lawsuit Thursday against the district, contending that its mask policy is unconstitutional and violates Gov. Greg Abbott’s recent executive order, according to the complaint.

The suit — filed by Houston attorney Jared Woodfill on behalf of plaintiffs Bonnie Anderson, Jenny Alexander, Doug Alexander, Heather Calhoun and Stephen Calhoun — says the school district issued a “COVID-19 mitigation plan” that requires students to wear masks inside buses, hallways and common areas. It also requires masks upon arrival and dismissal, as well as when social distancing is not feasible, the lawsuit says.

People who do not comply, according to the suit, are required to attend classes virtually. The complaint alleges that this violates Abbott’s March 2 executive order lifting the statewide mask mandate, which says residents cannot be required to wear a face covering “by any jurisdiction.” Abbott’s order also “strongly encouraged” masks when social distancing is not possible.

Current guidelines from the Centers for Disease Control and Prevention recommend the use of multilayered masks, with recent research indicating they help reduce the emission and inhalation of virus-laden respiratory droplets.

Katy ISD responded to the filing in a prepared statement:

“Katy ISD continues to follow the Governor’s Executive Order

GA-34 and comply with the Texas Education Agency’s Public Health Planning Guidance that states ‘every student, teacher or staff member shall wear a mask over the nose and mouth when inside a school building, school facility … or when in an outdoor space on school property used for school activities, wherever it is not feasible to maintain 6 feet of social distancing from another person not in the same household.’”

The lawsuit also argues that Katy ISD’s policy flouts Brown v. Board of Education, the landmark Supreme Court decision that ruled that racial segregation of children in public school was unconstitutional.

“Almost 70 years later, it appears that defendant Katy ISD Superintendent Kenneth Gregorski has forgotten the lessons of Brown v. Board of Education, by implementing a policy that fails to make education available to all on equal terms.”

The suit also argues that scientific evidence shows that children are less susceptible to COVID-19 and are less likely to transmit the virus.