Several Huntington residents filed a lawsuit against Huntington ISD on Wednesday for its mask mandate.

Rodney and Brandi Durham, Ginger Fann, CJ and Felicia Dooley, Ashley and John Daniels, Julie McGinty, Amanda Jade Edwards and Kimberly Stegall argue Huntington ISD Superintendent David Flowers “forgot the lessons” of Brown V. Board of Education by maintaining the district’s mask mandate.

“Plaintiffs bring this lawsuit not only to empower parents, but to recapture their rights to make decisions they believe are in their children’s best interest,” the lawsuit states.

“This lawsuit seeks to protect children from an irrational and unconstitutional policy that provides a false sense of security, but has the actual effect of harming children.”

The group has requested injunctive relief requiring the district to remove the requirement that students must wear face coverings.

The current district policy requires every student, teacher or staff member to wear a mask over the nose and mouth when “inside a school building, school facility, facility used for school activities, or when in an outdoor space on school property or used for school activities.”

Students who do not follow the mandate are placed in in-school suspension; for every day a student does not wear a mask they are placed in suspension for one week.

The group argues students do not have a role in the spread of COVID-19 and are less likely to be infected with, symptomatic of and able to spread the virus. They also say mask-wearing is illogical, the risk of COVID-19 to children is minimal and the mask mandate harms the group's children.

The lawsuit also states the Texas Education Agency prohibits the use of face coverings because the Texas Education Code prohibits a district or employee from covering children’s faces with masks.

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