Vermont Mask Lawsuit – Health Choice Vermont

Vermont Mask Lawsuit: Info

June 2023: Public sentiment is shifting and we may be coming to a critical juncture in this case. The 12 July 2022 ruling on the Defendant’s Motion to Dismiss is quite disturbing. As you can see, the Court has dismissed everything except the intentional infliction of emotional distress claims. We are now waiting…

6 May 2022: We have responded to the defendant’s second motion to dismiss the case, and now await a ruling.

Background

18 Feb. 2022: A complaint was filed in Vermont Superior Court against North Country Supervisory Union (NCSU) in Orleans County concerning their policies requiring students to wear face masks at school. Plaintiffs, Michael Desautels and Amy Ladeau, on behalf of themselves and their minor child R.D., Health Choice Vermont, Inc., and Children’s Health Defense, Inc., bring this Verified Complaint for Declaratory Judgment and Injunctive Relief against Defendant North Country Supervisory Union (hereinafter “NCSU”) to challenge its adoption of policies requiring students to wear face masks or coverings while in school and for denying R.D., the minor daughter of Michael Desautels and Amy Ladeau access to school buildings and educational services because of R.D.’s inability to wear a facemask. Plaintiffs contend NCSU(1) lacked the authority to adopt a mask mandate policy; (2) the mask mandate policy is preempted by the Vermont Department of Health’s comprehensive statutory and regulatory scheme concerning communicable diseases; and (3) the mask mandate policy violate parents’ right to due process under the Vermont Constitution because it violates their rights to care for their children and make healthcare decisions for them; (4) NCSU violated its own unenforceable mask mandate policy by denying R.D. access to school buildings and educational services. For an overview of the case, please read the full press release about the suit here.

You can also find details & documents below.

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Overview: Beginning fall 2021, Ryder Desautels was prevented from attending school at Lowell Graded School in Lowell, Vermont (Orleans County) for almost two months, despite repeated attempts made by Amy and Mike to bring her to school and/or secure alternatives for her. The school denied in person and on line alternatives.

Being good parents, Amy and Mike exhausted all avenues including multiple letters and conversations with the school. While working, they schooled Ryder in reading, writing and math on the days the school refused to allow her to participate.

Ryder has been back in school since December 2021, but was still being forced to mask despite the science that demonstrates masks are hazardous to her health and despite the family’s good faith efforts to find resolution. Ultimately, the family filed suit along with Health Choice Vermont and Children’s Health Defense, on February 17, 2022.

Mask mandates at many schools in Vermont were dropped as of March 11, 2022 (including Lowell graded school where Ryder attends). However, the schools continue to take the position that they have more authority than the parents and three districts have now reimposed mask mandates on the children.

In our complaint, we are asking the Court to clarify and rule in favor of rights of parents.

Find DOCUMENTS below

CIVIL DIVISION DOCKET NO 22-CV-00597

STATE OF VERMONT, SUPERIOR COURT ORLEANS UNIT