From a friend. See you guys Monday November 15th 10am at River Park. Next to the Sundial Bridge.

Media Contacts: Sharon McKeeman, Let Them Breathe
admin@letthembreathe.net
Jonathan Zachreson, Reopen California Schools
ReopenCaliforniaSchools@gmail.com
California Admits K-12 Quarantine and Testing
Guidelines are Optional; Emergency Hearing Moves on to Preliminary Injunction Hearing on Mask Requirements Scheduled for Nov 8
September 30, 2021 – Let Them Breathe and Reopen California Schools appeared in San Diego Superior Court today to request a temporary restraining order (TRO) to prevent the State of California from enforcing facial covering requirements, and to address asymptomatic testing and close contact quarantine guidance for K-12 schools. Reopen California Schools and Let Them Breathe have been working in collaboration to advocate for student’s rights to in-person education and establish mask-choice.
Late last night the State filed over 1,600 pages in opposition to the TRO request, giving the judge no time to review before the hearing. The State’s opposition acknowledges that its guidance on testing strategies for K-12 campuses and close contact quarantine protocols for students are not required, and that local health officers should use their discretion to determine and implement appropriate protocols based on local conditions. The State has not provided any clear explanation why mask mandates in K-12 schools are also not governed by local conditions, particularly when local health officials have discretion to decide whether mask mandates are appropriate in most other settings.
Let Them Breathe and Reopen CA Schools state, “We are very pleased that the state admitted there are no requirements for school districts to quarantine or test students, and we look forward to advocating with our school districts to immediately remove these onerous and unnecessary restrictions. We also do not understand why the state argues that "local conditions" should guide decisions on testing and quarantines but insists that masks are required irrespective of those same local conditions."
The State also attempted to delay the hearing until March 2022, when they planned to request a dismissal of all claims raised in the lawsuit – a clear tactic to delay any substantive discussion of the issues. This further underscores the concerns that brought this lawsuit forward, as parents and school trustees believe that the State is once again attempting to and will continue to attempt to mandate practices for K-12 schools that were previously left up to local authorities based on local conditions. The State is attempting to delay a decision on legally improper and unscientific restrictions that significantly impact students’ rights and needs.
The attorneys representing Let Them Breathe and Reopen California Schools argued that the harms of masking on students’ mental health, physical health, social development and

academic progress are a true emergency as they face the possibility of an entire school year in masks. If the State had a solid case to present within the 1,600 pages it filed with the court last night, its attorneys should have been able to argue this matter today instead of advocating to delay this important hearing until next year.
Judge Freeland rejected the State’s request to delay and scheduled a full hearing for a preliminary injunction on November 8, 2021 at 1:30pm.
“We know each day students are suffering behind masks, and parents’ concerns are mounting. However, we are thankful our legal team was able to minimize the State’s delay tactics and that the court set our hearing for November 8 instead of a date in March 2022, as suggested by the State. The State’s position confirms that it cares more about expanding its power than doing what is best for our children,” shared Sharon McKeeman, founder of Let Them Breathe. “Although today’s hearing was short it will have a meaningful impact as it has been clarified in the State’s filing that the K-12 testing and quarantine guidance are only recommendations and thus provide flexibility for school districts to exercise local control in implementation.”
The complaint, which was filed by Southern California law firm Aannestad, Andelin & Corn, LLP, specifically identifies the State’s defendants as Governor Gavin Newsom; Dr. Mark Ghaly, Secretary of the Department of Health and Human Services; Dr. Tomás Aragón, California’s Public Health Officer and Director of the California Department of Public Health; and Dr. Naomi Bardach, Safe Schools for All Team Lead for the Department of Health and Human Services.
The complaint alleges that the State’s mask mandate for all students is arbitrary, not based on scientific evidence, harmful to students, and impedes effective education. It further alleges that school guidance on quarantines is unnecessary, burdensome and discriminatory and that asymptomatic testing on healthy children doesn’t provide assurance of eliminating or reducing school or community spread of COVID-19.
“It’s clear that CDPH has chosen to ignore the overwhelming evidence that show children are at a very low risk from being infected with COVID-19, transmitting it to others, or becoming seriously ill from COVID-19,” said Jonathan Zachreson, founder of Reopen California Schools. “A return to a normal school year is crucial to the mental and physical health recovery for students across California.
Studies published by the CDC and conducted across the US found mandatory mask rules make no difference in student case rates in K-12 schools. According to the CDC, children with COVID- 19 typically have mild symptoms or no symptoms at all, and the estimated infection fatality rate for children is 0.002%, lower than the 0.003% estimate for a typical flu season.
Let Them Breathe is an advocacy organization based in the state of California, comprised of over 20,000 individuals who reside throughout the state and nation. Many members of LTB are parents of California TK-12 schoolchildren. You can access more information at www.letthembreathe.net
Reopen California Schools is an advocacy organization of nearly 20,000 parents whose children currently attend California public schools throughout the state. To learn more, visit www.reopencaliforniaschools.com
Together they have raised over $150,000 to challenge the State’s K-12 mask mandate and overreach.