School District of Fall Creek seeks to dismiss lawsuit

Published: Nov. 23, 2021 at 7:57 PM CST
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FALL CREEK, Wis. (WEAU) - The School District of Fall Creek is asking the courts to dismiss a lawsuit against the board for not requiring face coverings.

The civil lawsuit was filed last month by parent Gina Kildahl and is funded by the Minocqua Brewing Company Super PAC.

It states the district violated her son’s equal protection rights under the 14th Amendment, after he contracted COVID-19 from other students.

In the school district’s motion to dismiss, the filings says “the plaintiff wants to force his political position upon every family in the district” and fails to provide any significant factual details.

It adds, contracting COVID-19 does not establish a claim for a violation of constitutional rights and allowing in-person education without masks is not a nuisance as a matter of law.

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