August 16, 2022

KC law firm analyzes Missouri AG university district lawsuits

KANSAS City, Mo — Missouri Attorney Standard Eric Schmitt has sued 11 Kansas City-place faculty districts about mask mandates. Schmitt has argued that the districts do not have the authority to impose community well being orders for learners.

But, Kansas City attorney Joseph Hatley, who is symbolizing some of the university districts sued by the AG, said quite a few Missouri statutes broadly give faculty boards the capability to govern their own affairs.

In point, he statements Schmitt has no authority granted by the Missouri General Assembly to quit mask mandates from getting enforced in schools.

“Missouri law quite obviously gives regionally-elected Boards of Education and learning the lawful authority to run their possess affairs as they most effective see suit,” Hatley explained. “He can go into courtroom like he’s accomplishing now and check out to say that university districts are breaking the legislation, but he himself has no authority to do anything like this.”

KSHB 41 asked him which of the three governing bodies supersede the some others: Board of Training, community government or the Attorney General’s Place of work.

“The college districts in the Kansas Town, metropolis restrictions have been subsequent the mask ordinances that the City Council has adopted, and we feel they have the authority to do that,” Hatley stated. “We unquestionably really do not assume the legal professional general has any authorized authority to arrive in and override a board of education’s choice to follow a city ordinance.”

The legal professional general disagrees, and claimed he is authorized to represent the Point out of Missouri in court docket as its Main Lawful Officer.

“We are asking the court to say, ‘Look judge, they have no legal authority to do this. They require to cease.’” Schmitt reported.

Opposite to Hatley’s statements, Schmitt mentioned the Typical Assembly has never ever delegated any authority to faculty districts to impose health mandates as there are no prior statutes.

“The regulation suggests that you, the common assembly has to especially delegate this authority — the authority to pressure healthier children to use masks all working day extensive, or drive healthier little ones to stay property. They’ve by no means accomplished that,” Schmitt explained.

The legal professional typical has filed a overall of 35 lawsuits on Friday against school districts with on-going mask mandates.