Office of the Attorney General Prevails Over Lawsuit Meant to End CCSD Mask Mandate During Ongoing Pandemic

December 23, 2021

Las Vegas, NV – Attorney General Aaron D. Ford has announced that a U.S. District Court Judge has ruled in favor of the Office of the Attorney General in case brought forward by the parents of two Clark County School District students alleging the district’s mask mandate was unconstitutional – a claim the court found lacked merit.  

“Our Office has been and will continue to be the first line of defense between our health experts and those who wish to peddle debunked, fear-mongering arguments in the court of law,” said AG Ford. “I’m proud of those members of our office who stepped in and worked to ensure that the classroom is as safe as it can possibly be for our students.”

Judge Jennifer Dorsey denied the parents’ request for a preliminary injunction and closed the case on Dec. 22, stating that the plaintiffs did not establish a viable legal basis for their federal claims, and declining to exercise supplemental jurisdiction over the remaining state-law claims.

CCSD issued a mask policy for the 2021-2022 school year for all students and staff, requiring a face mask to be worn indoors and on buses unless medical or developmental conditions prohibit use. Under this policy, parents can opt to enroll their children in the district’s online, distance-learning program as an alternative to in-person instruction, and students who cannot safely wear a mask may request an accommodation.

The virus and its many variants have infected one in every six Americans and claimed the lives of 808,000,2 including more than 8,000 Nevadans. Clark County, Nevada, has been a “sustained hot spot” for the virus, with high test-positivity and transmission rates. Multiple scientists and scientific studies have shown that masks reduce the probability of transition and can reduce the risk that students may catch the virus and bring it home to older relatives who are statistically more likely to experience severe symptoms.

The matter was handled by Deputy Solicitor General Craig Newby. To view the decision, click here.