Douglas County, school district agree to drop lawsuit over masking order
The Douglas County School District and Douglas County Health Department have agreed to dismiss a lawsuit that began with the county’s broad exemption from mask-wearing for public school students and ended last week with a reversal of that decision.
The parties notified the U.S. District Court for Colorado on Friday that the litigation is over, in response to the Douglas County Board of Health’s Nov. 12 revision of a public health order that initially limited the school district’s ability to mandate masking and quarantining.
A federal judge issued a temporary restraining order against the initial policy, acknowledging the plaintiffs would likely succeed in their claim that the policy violated the Americans with Disabilities Act, given that it prohibited the school district from accommodating at-risk students through the imposition of COVID-19 mitigation measures.
Following the court order, Douglas County walked back its decision to allow broad exemptions for mask-wearing in schools.
“[P]laintiffs have succeeded and have fulfilled the purpose of the lawsuit they brought and there is no need to further litigate the matter,” the school district said on Friday in announcing the accord.


