This past Wednesday the Court of Appeals in Grand Rapids, MI heard oral arguments from Attorney David Delaney, over school mask mandates. The lawsuit, I.C et al V. Comstock Public Schools, was originally filed on February 23, 2022 in the Kalamazoo County 9th Circuit Court. Judge Lightvoet issued a Temporary Restraining Order on that same day, declaring that the law the school district was using to implement their mandates violated the separation of powers doctrine of the Michigan Constitution.
The lawsuit was organized and fundraised through a local parent group, Kalamazoo County Citizens United. In the fall of 2021, Kalamazoo County Citizens United (KCCU), helped parents from many local school districts file legal challenges on behalf of their child. Those schools include Gull Lake, Portage, Mattawan, Plainwell, Comstock, and also the Kalamazoo County Health Department.
KGOP Chairwomen, Kelly Sackett, was a founding member of KCCU and is still active in the legal efforts to ensure schools can never implement another mask mandate again, as by current law..schools have no legal authority to do so. She attended the Court of Appeals hearing with Attorney David Delaney.
Attorney David Delaney and Chairwoman Sackett at the Court of Appeals in Grand Rapids, MI on April 5, 2023.
An opinion from the three judge panel should be issued in the next 30 plus days.
Kelly Sackett said that “continuing the legal effort to challenge the constitutionality of MCL 380.11a(3)b, which was illegally used by many schools throughout the State of Michigan to force masks on an estimated 500,000 children, is vital and if needed we will appeal to the Michigan Supreme Court. We are fighting for all children and parents throughout the State of Michigan who were subjected to these mask mandates. The Michigan Constitution is clear, the LEGISLATURE writes public health laws in this state, not a public school.”