Legal Update- Lawsuit is Filed

Big News! On February 11, 2022, we filed our lawsuit in Westchester County seeking to permanently enjoin the State of New York, New York State Department of Education, New York State Office of Children and Family Services, and New York State Health Department from enforcing the mask mandate for children ages 2 and up in daycare and school settings.  Our action includes plaintiffs from various counties across our state and is supported by eight (8) experts, many nationally-renowned, in the fields of epidemiology, virology, pediatric psychology, pediatric speech and language pathology, engineering, and industrial hygiene, among others. 

Our lawsuit argues that the State’s prolonged forced masking policy has greatly harmed children academically, socially, emotionally, and physically while providing no benefit to limiting transmission of COVID-19 in schools or daycares.  Through our experts, we show that the State has failed to cite to any evidence that establishes a causal link between masking children and reducing transmission of COVID-19 in daycares or schools, and therefore such policies are arbitrary, capricious, and lacks a rational basis. Our lawsuit separately argues that the masking policy violates the separation of powers clause the New York Constitution and thus the mask mandate must be invalidated.  
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You can view the petition and memo of law below. 

The court docket can be found here:
https://iapps.courts.state.ny.us/nyscef/DocumentList?docketId=_PLUS_V5Rj4UTBAsYAHcSL6U49Q%3D%3D&display=all&courtType=Westchester%20County%20Supreme%20Court&resultsPageNum=1&fbclid=IwAR1qwYn0MRyUIwm-lFIh1g6jPtFjY6yrt1jPntavCeC7U3WTVcmbUu5TAsg

​We are very appreciative of all of the financial support from our WNY Students First community so far which has allowed us to take this momentous step forward!  However, the lawsuit is far from over and the costs to litigate this case continue to mount.  To support our legal action, please donate – whether it is again or first the first time – so that we can continue this necessary fight.

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WNY Students First Unmasking Legal Fund

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