Posted on 10/27/2021 10:22:18 AM PDT by Oldeconomybuyer
DENVER (AP) — A federal judge issued a restraining order against a suburban Denver county’s policy allowing parents to opt their children out of a mask mandate at school, finding the rule violates the rights of students with disabilities who are vulnerable to COVID-19.
U.S. District Judge John L. Kane on Tuesday called the Douglas County Board of Health order that allowed parents to opt their children out of mask-wearing a violation of the Americans with Disabilities Act, which guarantees equal access to education for all.
Kane’s order came after the Douglas County School District filed a federal lawsuit challenging the Board of Health order on behalf of nine students with disabilities, The Denver Post reported. The district argued that a lack of universal masking placed those students at high risk of severe disease.
It also challenged a relaxation of quarantine rules for students suspected of having the coronavirus.
(Excerpt) Read more at apnews.com ...
Hit them right back with a lawsuit for violation of the ADA for requiring those that can’t wear masks to wear them. Make their heads spin with dizzying contradictions and logical Mobius Loops of their collectivist BS.
Will the 10th Circuit do the right thing and reverse him right away?
Tyranny
Ignore the judge.
Denver has become a communist state....
Hmm, so what about flues? Some kids with disabilities, are vulnerable to flues, and will die if they get the flu, so do we now require all kid’s everywhere to permanently wear masks so,that the few who are vulnerable won’t die? Do we violate the rights of the majority just so vulnerable folks won’t catch colds and flues?
More kids die from the flu than from covid itS said.
“Judges are going to need personal security at home soon.”
Not soon enough apparently.
L
Even if parents can’t afford private school or do a crap job of homeschooling, how much worse could it be? Just make sure they can read and write and make them play outside and do household chores, they’ll turn out OK. All of our ancestors did!
He has a SEVERELY reduced caseload because of his disability - but they get him to stooge out on this case. Hmmmm...
It’s only a temporary order hopefully struck down soon. fortunately my daughter is in a parochial school that does not enforce the mask mandate Sadly olorado isn’t becoming a deeper blue state every day
should be is becoming deeper blue every day
Yes they can dumb ass. And they will.
Your little indoctrinators are going to have a lot fewer
“subjects” up the road a ways.
These people’s kids won’t be wearing masks.
You sure outsmarted everyone didn’t you.
Corrupt judges like U.S. District Judge John L. Kane are reaching critical mass in the United States. At some point justice simply will not be able to be obtained.
Dhimmi Carter judge == OLD.
Possible implications of senility (Dementia Joe, anyone?).
Possible implications of unable to handle complex science.
Possible implications of allowing their own personal fears to influence their impartiality, as 78% of the dead from the coof in the US are older...
"Americans with Disabilities Act [??? emphasis added], which guarantees equal access to education for all."
FR: Never Accept the Premise of Your Opponent’s Argument
While making federal laws that protect Americans with disabilities is arguably a good idea, protections for federal employees and their families aside, it remains that the states have never expressly constitutionally give the unconstitutional big federal government the specific power to protect INTRAstate citizens with disabilities.
"Many are the exercises of power reserved to the States wherein a uniformity of proceeding would be advantageous to all. Such are quarantines, health laws [emphasis added], regulations of the press, banking institutions, training militia, etc., etc." —Thomas Jefferson to James Sullivan, 1807.
"They form a portion of that immense mass of legislation, which embrace every thing in the territory of a state not surrendered to the general government. Inspection laws, quarantine laws, and health laws [emphasis added], as well as laws for regulating the internal commerce of a state, and others, which respect roads, fences, &c. are component parts of state legislation, resulting from the residuary powers of state sovereignty. No direct power over these is given to congress, and consequently they remain subject to state legislation, though they may be controlled by congress, when they interfere with their acknowledged powers." —Justice Joseph Story, Article I, Section 10, Clause 2, 1833.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
Also, militia training issues aside, neither have the states expressly constitutionally given the feds the specific power to dictate policy for intrastate education-related issues.
“The great mass of the articles on which impost is paid is foreign luxuries, purchased by those only who are rich enough to afford themselves the use of them. Their patriotism would certainly prefer its continuance and application to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvement as it may be thought proper to add to the constitutional enumeration of federal powers [emphases added].” —Thomas Jefferson: 6th Annual Message, 1806." (The states have never amended the Constitution for new powers for Congress to do these things, public education the example of this thread.)
"The power to regulate manufactures is no more confided to congress, than the power to interfere with the systems of education, the poor laws, or the road laws" of the states [emphases added]." —Justice Joseph Story, Commentaries on the Constitution 2, 1833.
In other words, the judge made the wrong decision about what is actually a 10th Amendment-based mask policy imo.
Corrections, insights welcome.
The ultimate remedy for unconstitutionally big, alleged election-stealing, Democratic Party-pirated federal and state governments oppressing everybody under their boots...
Consider that all the states can effectively “secede” from the unconstitutionally big federal government by doing the following.
Patriots need to primary federal and state elected officials who don't send voters email ASAP that clearly promises to do the following.
Federal and state lawmakers need to promise in their emails to introduce resolutions no later than 100 days after start of new legislative sessions that proposes an amendment to the Constitution to the states, the amendment limited to repealing the 16th and ill-conceived 17th Amendments.
Again, insights welcome.
The silence of so called "medical professionals" about this has been shocking to witness.
I see an exodus from government indoctrination centers to home schooling freedom centers.
Are there any good resources/sites with information about how it can be done?
Seems like more parents would do this if it was easier to obtain information about it?
No federal judge has the legal authority to make such a ruling.
Wanna know why? Look up former Arizona sheriff Richard Mack’s interviews and other videos on YouTube. He is head of Constitutional Sheriffs and Peace Officers Association.
He explains brilliantly how local sheriffs actually have more power than the Federal government except in regard to the very limited powers delegated to the Feds by the Constitution.
He has won lawsuits against such federal government overreach.
Also check out the Non-Compliant Movie (also available on YouTube) if you want to hear a very compelling explanation of the limits to federal authority.
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