News File Photo Alpena High School students are shown in the school’s media center in this News file photo.

ALPENA — A group of Alpena parents calling itself Freedom to Breathe last week resubmitted a request to temporarily stop face mask mandates in Alpena Public Schools while a lawsuit against the district makes its way through the court system.

Judge Ed Black ruled against the group’s request in October but said that the group could resubmit a new request under different terms.

The group of parents claims that APS does not have the authority to mandate face masks and, in doing so, it has violated the Michigan School Code.

APS attorneys have stated in court documents that schools have the right to decide when the whole student body is in danger and have the right to develop policies to protect the safety of all students.

Attorneys for both sides could not be reached for comment.

On Sept. 21, APS issued a face mask mandate requiring all students, staff and visitors to wear a face mask when in school buildings and at school events.

In early October, the group of unnamed parents filed a lawsuit contesting the policy and asked Black to force the district to temporarily stop requiring face masks.

Gov. Gretchen Whitmer’s administration left the decision of mandating face masks up to local health departments and local school districts.

Last week, David Delaney, attorney for Freedom to Breathe, renewed his request for a temporary halt to enforcement of the face mask policy, revisiting arguments that schools have no jurisdiction over the health care of students.

According to Delaney, the APS face mask mandate violates Michigan School Code prohibiting school personnel from using any “mechanical restraint,” including a mask “device” on any student.

To strengthen his arguments, Delaney said APS has called face masks a necessary response to a disease, a claim which classifies a face mask mandate as forced medical treatment. Schools do not have authority to require such treatment, he said.

In December, Black ruled that the names of the parents in the group will remain anonymous, although Delaney must share some of them with APS attorneys.

Delaney represents another parent group in a similar lawsuit against Gaylord Community Schools.

According to the Otsego County Clerk’s office, a judge in December denied that group’s request for a temporary halt to the district’s face mask mandate.