Apr 12, 2021

Lawsuit against Kan. school district over masks dismissed

Posted Apr 12, 2021 1:00 PM
In January Commissioner Charlotte O’Hara was sworn in and wrote, "I stand here masked, a price extracted for an in-person swearing in to office, even though I fall into a category exempt from masks as I suffer from tinnitus. Those who are hearing impaired are exempt from the mask mandate as are those speaking to them.  My choice was to be sworn in virtually or wear the mask, capitulate and pay the entry fee to be sworn in in person.  I have chosen the later."
In January Commissioner Charlotte O’Hara was sworn in and wrote, "I stand here masked, a price extracted for an in-person swearing in to office, even though I fall into a category exempt from masks as I suffer from tinnitus. Those who are hearing impaired are exempt from the mask mandate as are those speaking to them. My choice was to be sworn in virtually or wear the mask, capitulate and pay the entry fee to be sworn in in person. I have chosen the later."

OVERLAND PARK, Kan. (AP) — A judge dismissed a lawsuit filed against the Blue Valley school district by a Johnson County Commissioner who was denied entry into a district meeting because she refused to wear a mask.

Johnson County District Judge Robert Wonnell ruled Friday that Commissioner Charlotte O’Hara had no standing to file the lawsuit under a state law passed last month that details how people can object to COVID-19 restrictions.

O’Hara said she has a medical condition that exempts her from wearing a mask, and she was told unless she could show proof of the exemption she could not attend a Tuesday hearing on the mask mandate.

In a motion to dismiss the lawsuit, Blue Valley officials argued O’Hara was not harmed by the district’s enforcement of the mask rule. The hearing was postponed after another person refused to wear a mask, and it was held virtually on Wednesday.

The district also argued O’Hara doesn’t have standing to challenge the law because she is not an employee, student, parent or guardian of district student. She does have grandchildren in the district.

District officials announced on Thursday that Blue Valley will keep its mask requirement until the end of the school year.