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Alpena Public Schools attorneys ask for lawsuit dismissal

ALPENA — Attorneys for Alpena Public Schools filed paperwork this week, asking 26th Circuit Court Judge Ed Black to dismiss a request from a parent group seeking to halt a face mask mandate currently in place at all district buildings and events.

Earlier this month, the parents group Freedom to Breathe, represented by attorney David Delaney, filed a revised request to halt the mask mandate, which was issued in September and requires all students, staff and visitors to wear a face mask when in school buildings and at school events.

Attorneys for APS say the amended request fails to prove that any parent or student in Freedom to Breathe sustained any injury or violation of their rights as a result of the district’s mask policy.

Freedom to Breathe has not publicly released any of the names of parents or students.

In October, Black told Delaney that at least some of the names must be released to APS attorneys if the case was to go forward. Delaney agreed to those terms, with Black adding that the names would not be made public.

Attorneys could not be reached for either side to confirm if any of the names have been shared.

Attorneys for APS attorneys also state the plaintiffs have produced no evidence that any public school student in the district was specifically harmed by the mask policy.

APS attorneys called the parent group’s disagreement with the mask policy “nothing more than a generalized grievance” and not a lawsuit.”

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