Parents sue over mandatory COVID testing in Park City schools

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FILE – In this Sept. 19, 2020 file photo, a doctor takes a nasal swab sample to test for COVID-19 at the Cocodrilos Sports Park in Caracas, Venezuela. PAHO, the regional office for the World Health Organization in the Americas, said the week of Jan. 22 2021 that only 3,000, or about 1%, of the 340,000 COVID antigen testing kits sent to the country have been used. (AP Photo/Matias Delacroix, File)

PARK CITY, Utah (ABC4) – Parents of two students in the Park City School District are suing over mandatory COVID-19 testing.

The lawsuit, which names a number of parties — including the district superintendent, the Utah Department of Health Executive Director, and the Summit County Health Director — begins as follows:

The Utah Department of Health’s Order permitting schools to implement mandatory COVID-19 testing as a condition of in-person learning is an unconstitutional invasion of rights. The Court should enjoin Defendants from requiring mandatory testing as a condition of in-person learning.

It continues:

Among these are the rights to be treated equally with regards to access to in-person public education; to a zone of privacy about healthcare decisions, including to refrain from undergoing unnecessary or experimental medical testing; to due process of law before fundamental government benefits—such as the right to a public education—are withheld; the rights of parents to make medical decisions for their minor children; and, fundamentally, the right to be free of state coercion to “consent” to testing that is, in operation and in effect, contrary to prevailing medical and scientific guidelines, including the very authorities cited as support for that policy.

The “Test to Stay” program mandates bi-weekly rapid antigen test if students want in-person learning. The district implemented the program after a COVID spike forced the district to implement remote learning back in January.

“The Utah Constitution guarantees an adequate, equal public education to all children—not only those who first “consent” to experimental testing,” the lawsuit reads.

Just one day after the district announced a stop to bi-weekly testing — they cited a decline in cases in the district and lower positivity rates in Summit County — the McClure’s filed the lawsuit, which explains:

“Put on hold” does not indicate Test to Stay has ceased entirely. Indeed, the policy could be reimplemented, apparently at any moment, if community or campus positivity rates begin to rise.”

Parties named in the lawsuit that ABC4 was able to contact Friday declined to comment on the pending litigation.

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