Virus Outbreak School Masks

FILE - In this Aug. 10, 2021 file photo, Students, some wearing protective masks, arrive for the first day of school at Sessums Elementary School in Riverview, Fla. (AP Photo/Chris O'Meara, File)

ATLANTA (CBS46) — A Fulton County judge has denied an emergency request from parents seeking to prevent the Fulton County Schools from requiring students to wear masks.

The ruling, signed by Superior Court of Fulton County Judge Eric Dinaway, says there is no evidence to show that wearing a mask will cause irreparable harm to students.

PREVIOUS: Fulton County judge expected to rule soon on mask issue at schools 

The parents filed the lawsuit on Sept. 21. They claimed that on Aug. 5, the school district made a "hasty and ill-thought-out update" to their mask policy, which left parents with few available options and "made it financially impossible for parents to plan for their children's individual needs."


The parents also claimed that wearing masks throughout the school day had caused "physical and mental health issues for children of all ages, including but not limited to shortness of breath, fatigue, headaches, and general aggravation, as well as difficulty focusing, learning, and retaining information from their teachers."

Fulton County Schools changed its rules in early August after the CDC advised mask-wearing in schools. The school district requires masks in school in cities where there are more than 100 cases per 100,000 residents over a 14-day period.

Ray Smith III, who represents the 11 families, said he plans to appeal the decision.

Copyright 2021 WGCL-TV (Meredith Corporation). All rights reserved.

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