As I announced on the Tom Roton Show this morning, yesterday afternoon we filed a lawsuit in Wood County Circuit Court (Parkersburg, WV) against the Wood County Board of Education challenging their blanket school mask mandate, which is currently forcibly masking children for prolonged periods of time. The suit was filed on behalf of my clients, John Davis and Felsie Pierce, who have three children currently enrolled in Wood County Schools, who have suffered, and are continuing to suffer, due to the illegal mandate.
In a nutshell, our legal theory is this: Wood County BOE claims that the local health board, the Mid-Ohio Valley Board of Health, has issued the mandate, and they are merely following that requirement. However, the MOVBOH has denied that they issued the mandate. If the MOVBOH had indeed issued the mandate, they would be required to follow due process, which requires notice, a hearing, and so on, as well as oversight by the Wood County Commission, the local elected representatives of these schoolchildren and their parents. That’s the process in place – even before we get to the issue of science or constitutional rights. They didn’t follow the process, and therefore the mandate needs to be struck down immediately. Secondly, even if and when they follow that process, such a mandate still violates the WV Constitution because it violates the bodily autonomy of these children, just like a mandate requiring a medical procedure without the consent of the recipient.
It’s my understanding that other county boards of education in West Virginia have issued school mandates that are likewise illegal. We’ll see what the Wood County Circuit Court does with this case first before proceeding in other counties. We have requested the issuance of an immediate temporary restraining order, until such time as an expedited hearing can take place. Here is the complaint:
Update: it looks like a hearing is being scheduled for the afternoon of Monday, October 18…..