On December 23, 2021, HFDF and plaintiffs filed a Memorandum in Support of Motion for Temporary and Preliminary Injunctive Relief, in support of an immediate suspension of the BCSD’s student mask mandate pending a hearing before the judge. Attorneys assert plaintiffs face imminent and irreparable physiological and psychological harm as a direct result of the mandate.
Original complaint was filed on October 15, 2021, when Health Freedom Defense Fund (HFDF) filed a suit in the District of Idaho challenging Board of Trustees of Blaine County School District No. 61 (Case 1:21-cv-406-CWD) “Guidelines for Face Coverings at School”, requiring all students, visitors and staff wear face coverings inside schools during Center for Disease Control (CDC) elevated transmission levels for Blaine County. Attorneys assert the mask mandate deprive plaintiffs and their children of their fundamental rights to bodily autonomy.
Since the April 24, 2020 issuance of the Food and Drug Administration’s (FDA) Emergency Use Authorization (EUA) for use of a medical device (face masks) by the general public, many organizations, to include the defendants, mandated use of masks by claiming it would prevent the spread of Covid-19. However, the EUA directs mask manufacturers and distributors NOT to label masks in a way that would “misrepresent the product’s intended use” by claiming masks are for “antimicrobial or antiviral protection” and “infection prevention or reduction.” In addition, the EUA specifically states that individuals have the right to refuse medical devices authorized under this statute.
Attorneys further support the FDA’s labeling directive by providing several examples of peer-reviewed clinical data that show masks have no benefit and may instead cause harm. In addition to oxygen deprivation and increased blood levels of carbon dioxide (which can eventually lead to organ failure), masks have shown to be particularly detrimental to normal child development as they disrupt acquisition of non-verbal communication skills, impair verbal skill development, cause a negative distortion in the reading of emotions, and hinder development of attachment and relationships. Masking also creates fear, anxiety, depression and demoralization.
Attorneys also allege that under the EUA, masks remain in a clinical investigation phase and the mandate constitutes forced participation in a grand medical experiment that requires patient informed consent and the option to refuse treatment. As such, forced masking violates the rights, privileges, and immunities afforded to the plaintiffs and their children under the Constitution of the United States, federal law, international law, and Idaho law, all of which prohibit human experimentation without informed consent of the risks involved.
Health Freedom Defense Fund is a non-profit organization strongly opposed to laws and regulations that force individuals to submit to medical experimentation against their will. HFDF supports the Due Process Clause of the United States Constitution which gives Americans the right to personal autonomy, bodily integrity, and self-determination in all matters of medical care. HFDF believes it is a fundamental human right to freely breathe oxygen that the body needs to function, and freely expel various waste products such as excessive carbon dioxide, that can destroy healthy human cells and tissues.
HFDF supports their members with the legal and medical knowledge to fight back against illegal mandates with information and resources available on their website.
