Local Residents Involved in School District Lawsuit

By Kaitlin Bedell

Over twenty parents and Fojo Law filed a lawsuit against three New Hampshire school districts on July 2 regarding mask mandates in school.
Following the ongoing School Board meetings discussing the mask requirements in schools, 11 families in town are suing the Londonderry School District with Robert Fojo of Fojo law as well as the Epping School District and the Timberlane Regional School District.
According to Fojo’s statement on the official Fojo law website, the lawsuit claims that the districts have violated the RSA 126-U:4 statue which “prohibits schools from requiring restraints on children that restrict their breathing or that restrict the normal function of a portion of their bodies.”
The lawsuit also alleges that wearing a mask has physically harmed students by causing rashes and acne on their faces for extended periods of time.
“These problems have caused them to be afraid, suffer anxiety, and experience headaches,” Fojo said in his statement. “Those issues, in turn, make it difficult and uncomfortable for them to participate meaningfully in in-person instruction. They can also cause psychological and physiological effects, as well as long-term health consequences.”
Fojo’s statement said that the lawsuits are aiming to issue an emergency order which will restrain the three school districts from requiring masks for the 2021-2022 school year whiles still allowing students to continue attending in person classes.
In a recent email correspondence, Fojo stated that that the statue that the lawsuit was filed under is “broadly-worded” in terms of its restriction of face coverings for children and that it can “easily be construed” to apply to masks in schools.
“There is no emergency or urgent need to have children wear masks in schools,” Fojo said in the email. “There are numerous studies showing masks have done nothing to curb the spread of COVID-19, and there are recent studies showing masks harm children because they restrict their ability to breath properly.”
Since the initial lawsuit was filed, Fojo and the families involved are now undergoing the process of serving summons to the school districts.
Fojo said that so far, they have motioned for a “preliminary injunction” which is a “request for a preliminary order enjoining the school district from enforcing its mask requirement.”
The hearing for this motion will take place on Sept. 2 and Fojo said he feels “confident” about the case.
Due to the ongoing status of the case, families involved with the lawsuits were advised by the attorney not to comment on the situation.
Member of the “Unmask Our Kids” Facebook group Meagan Lloyd said that making masks optional for the next school year is the groups’ only objective at this point.
“It’s about medical freedom at this point, and that’s exactly what the lawsuit is trying to accomplish; so that masks can remain a recommendation, but never be made a requirement again,” Lloyd said.
Lloyd also added that she wanted residents to know that her group had been accused of being members of the Proud Boys group and that she can “assure” people that they are not associated with those individuals.

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