ALLEN, Texas (CBSDFW.COM) – The group of parents who filed a federal class action lawsuit against Allen ISD last month, stating they wanted leaders to follow recommendations from U.S. government health leaders and doctors from Cook Children’s Medical Center regarding COVID-19, dismissed their claims Thursday, Oct. 7.
The parents wanted Allen ISD to defy Gov. Greg Abbott’s executive order banning mask mandates, like other school districts have.
Allen ISD called the move “an important victory” for the school district saying the “strong case” its lawyers presented in court “likely influenced the plaintiffs to dismiss their lawsuit.”
When they filed the lawsuit, lawyers for the plaintiffs said, “This failure by the School District has caused too many children to get sick and has put them, their classmates, and their families, as well as staff, at further risk.”
The full official statement from Allen ISD on this dismissal is below:
Today, the plaintiffs in the class action lawsuit against Allen ISD filed a motion to dismiss all of their claims against the District. The plaintiffs were seeking an order from a federal judge requiring Allen ISD to break Texas law and mandate masks. Allen ISD’s attorneys appeared in Court on Friday, October 1st and defended the District’s policy, which allows students, staff, and teachers to choose whether or not to wear a mask. This policy is required by Governor Abbott’s Executive Order GA-38, and the District has no discretion to require masks on school property or at school events. Allen ISD also presented the judge with evidence of the many protocols the District has implemented this year to prevent COVID-19 infections. These measures have been successful, resulting in low infection rates among students and staff.
Allen ISD presented a strong case in Court, which likely influenced the plaintiffs to dismiss their lawsuit. This is an important victory for the District. The lawsuit placed a significant burden on Allen ISD, costing the district tens of thousands of dollars in legal fees, as well as countless man hours of work. Unfortunately, because the case was filed under federal law, Allen ISD cannot recoup its attorneys’ fees. However, the District is pleased that that the lawsuit has come to an end. Although the plaintiffs may decide to sue the District again, and the rules likely permit such action, Allen ISD is confident that it follows the law, and will continue to follow the law, and any future suit against the District regarding this matter would be frivolous.