January 13, 2022

LAUSD Attempts to Enact Illegal Mask Mandate that Exceeds CDPH Guidelines

By the Children’s Health Defense – California Chapter Team

On January 3, the Los Angeles Unified School District (LAUSD) imposed an illegal, illogical and counter-productive mask requirement update on its student body, strongly requiring that all masks are, “well-fitting, non-cloth masks of multiple layers of non-woven material with a nose wire,” and that students mask outdoors, except when for when eating and drinking. In issuing this new requirement, LAUSD has not only failed to rely on legal or scientific authority, but is surpassing the requirements of the California Department of Public Health (CDPH), which explicitly states that masks are optional outdoors for all school students.

CDPH states that masking outdoors is optional for ALL school students

This new directive is not only unscientific, but also quite confusing to parents and will further erode public trust in any health authority. Kids have been forced to wear face masks for almost 2 years, even though Occupational Safety and Health Administration (OSHA) and the Food and Drug Administration (FDA) admit that face masks are useless protection against a virus. After two years of leading the public astray, does LAUSD expect parents to react with trust when faced with the sudden directive to double mask and wear a surgical mask and/or an N-95? Trust in yet another directive when public health authorities specifically advise against surgical and N-95 masks for kids because “they do not fit properly and can impede breathing”? Furthermore, masks are Emergency Use Authorized (EUA) products and therefore, can’t be mandated

Trust in yet another directive when public health authorities have in the past specifically advised against surgical and N-95 masks for kids

We ask, is there an evidence-based solution that allows kids to both breathe for 6-8 hours and “avoid” a virus whose current Omicron variant is so highly contagious (and mild), that it is escaping vaccine and booster immunity and infecting the population at unheard-of levels? According to the latest bevy of expert opinions, including CNBC, The Atlantic, and Fauci, himself, Omicron may actually present the end of this pandemic due to its mild nature. Omicron may finally induce “herd immunity,”something which no Covid-19 vaccine has been able to provide because none of the Covid-19 vaccines prevent infection or transmission.

In response, attorneys for Children’s Health Defense – California (CHD-CA) and Protection of the Educational Rights of Kids (PERK) issued a cease and desist through the Facts Law Truth Justice (FLTJ) Law Firm, placing LAUSD on notice of illegally expanding an already-onerous mask mandate.  “There is no legal, scientific, or medical basis for this requirement, which actually conflicts with current medical and scientific findings and guidance,” the letter states, “It is impossible to understand the reason behind LAUSD’s need to ignore data showing the enormous harms masks have on the children in its abusive ‘care’ or its need to go beyond global, national, and local recommendations.”  

With this Cease and Desist letter, our attorneys gave LAUSD an opportunity to rescind their new unlawful masking requirements – or face further legal action.

Currently, our  litigation against LAUSD is specifically about the unlawful school vaccine mandates,, but given LAUSD’s continuing abuse of all of our children, CHD-CA is contemplating broadening the scope to include additional claims for LAUSD’s unlawful masking, testing, and other abusive and discriminatory policies that have long ceased to make any scientific sense.


Call to Action:
Download our Counsel’s Cease and Desist Letter to LAUSD.  Send to Your School Board, Principal, and District Superintendent

Write, email and call the LAUSD Board:

Los Angeles Unified School District
333 South Beaudry Avenue, 24th Floor
Los Angeles, CA 90017

George McKenna III 
Monica Garcia 
Scott Schmerelson
Nick Melvoin
Jackie Goldberg
Tanya Ortiz Franklin
Jefferson Crain, Executive Officer of the Board

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