Second Circuit – Mask mandate: Doe v. Franklin Square Union Free Sch. Dist.

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United States Court of Appeals for the Second Circuit

Mask mandate

Physician’s exemptions – Americans with Disabilities Act

Doe v. Franklin Square Union Free Sch. Dist.

23-582-cv

Judges Lynch, Nardini, and Kahn

Background: The plaintiff appealed from the dismissal of her constitutional and statutory claims against the defendant. She argues that it was in error to conclude that the defendant did not violate the Due Process Clause of the Fourteenth Amendment by refusing to grant the plaintiff’s daughter an accommodation from a school mask mandate implemented in response to COVID-19. She also argues that it was in error to dismiss her Americans with Disabilities Act and Rehabilitation Act claims under the theory that she failed to exhaust her administrative remedies.

Ruling: The Second Circuit affirmed in part and reversed in part. The Second Circuit held that the school district did not violate the plaintiff’s constitutional rights. The court held that there is no fundamental right to a medical exemption to the mask mandate based exclusively on the recommendation of a plaintiff’s physician. The court further held that an individual’s desire to refuse to wear a face covering is outweighed by New York’s interest in safeguarding public health. The Second Circuit held that the IDEA claims are not subject to the exhaustion requirements as the equitable relief sought became moot upon the lifting of the mask mandate. Thus, the only claims remaining are for damages.

Sujata Sidhu Gibson, of the Gibson Law firm, for the plaintiff-appellant; Chelsea Weisbord, of the Sokoloff Stern, for the defendant-appellee.

Oral argument audio