Judge denies request for TRO on Springfield’s mask requirements

Kristi Fulnecky files lawsuit against the city of Branson over masking ordinance
Kristi Fulnecky files lawsuit against the city of Branson over masking ordinance(KY3)
Published: Sep. 2, 2020 at 6:49 PM CDT
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SPRINGFIELD, Mo. (KY3) - A federal judge has denied a request for a temporary restraining order on Springfield’s masking requirements.

In July and August, Attorney Kristi Fulnecky announced lawsuits against the cities of Branson and Springfield regarding their face mask mandates, in addition to the Springfield Public Schools school district.

The lawsuit against the city of Springfield did not move as quickly as the two against Branson and SPS. A judge ruled against a TRO in both cases last month. Springfield city leaders had asked for the case to be dismissed in August.

Rachel Shelton, a plaintiff represented by Fulnecky, had requested the restraining order from District Judge M. Douglas Harpool. The lawsuit listed the right to privacy as it’s main argument.

Ahead of the decision, Springfield Greene County Health Department Director Clay Goddard testified and explained several factors which formed the basis of his recommendation for a mask mandate.

Had the temporary restraining order passed, it would have halted Springfield’s mask mandate, which has been in effect since July 16. The ruling does not end the processing of this case.

Kristi Fulnecky released the following statement on the decision:

“The Plaintiff in the Springfield mask mandate lawsuit asked the federal court for an emergency measure, a restraining order, to enjoin enforcement of the mask mandate. The federal court did not grant the measure. The Plaintiff will continue to fight to protect her constitutional rights from government overreach.

The Plaintiff has many concerns regarding whether a City emergency even exists. It’s questionable whether wearing a mask is even effective to prevent the spread of disease. The Centers for Disease Control (CDC) has stated that cloth masks are ineffective and N-95 with vents may actually spread the virus more. The effectiveness of surgical masks is in doubt. The CDC guidelines recently stated that those who come in close contact with someone with Coronavirus for more than 15 minutes could spread the virus regardless of whether either party is wearing a mask. Also, recently, the NY Times reported that 90% who test positive for Covid 19 are not contagious.

Secondly, the CDC recently released guidelines stating that it is not necessary to screen asymptotic people but the Greene County Health Dept is ignoring CDC guidelines and continue to screen asymptotics which drive up the positive numbers. The CDC also recently updated their Covid numbers and only 6% of all coronavirus deaths nationally were completely due to the Coronavirus alone; the rest of the deaths were attributed to individuals who had other serious illnesses. The Greene County death rate is only .003% and most, if not all, had other serious illnesses.”

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