News Photo by Julie Riddle Judge Ed Black, right, listens as attorney David Delaney in Alpena’s 26th Circuit Court on Tuesday argues against a former Alpena Public Schools mask mandate.

ALPENA — Though Alpena school officials no longer require students to wear face masks, a parent group insisting Alpena Public Schools shouldn’t have adopted the policy in the first place continues to pursue its lawsuit against the school district.

A group of anonymous parents, calling itself Freedom to Breathe, claims APS lacked the authority to require masks, inappropriately punished students who failed to comply, and restricted students’ breathing in violation of state policy.

The district, through its attorneys, disputes those claims.

Freedom to Breathe attorney David Delaney told Judge Ed Black on Tuesday that the group will proceed with its lawsuit, despite APS deciding last week to lift its mask mandate after the Michigan Department of Health and Human Services backed off its recommendation for masking in public places, including schools.

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A court decision about the legality of the mask rules could impact similar situations in the future, Delaney said.

APS attorney Robert Jordan brushed aside Freedom to Breathe’s characterization of masks as a forced medical treatment, saying the face coverings help block the spread of the virus that causes COVID-19 but do not treat illness themselves.

Expressing surprise that Delaney took several months to readdress the court after Black first denied a request that he lift the schools’ mandate in October, the judge said he would consider Delaney’s renewed appeal – and a request by APS attorneys to dismiss the lawsuit altogether – and provide his opinion soon.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.