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  • Writer's pictureChildren's Health Rights of MA

Motion for Preliminary Injunction Denied: What It Means

Judge Hodge of the Hampden County Superior Court denied our request for a preliminary injunction against the forced masking of children across Massachusetts. This continues the absurd, non-scientific status quo, where children—who face minimal risk—endure harsher COVID mitigation measures than adults.

Contrary to how mainstream media often portrays these legal battles, the denial of an injunction does not mean legal defeat or the end of the road. It does not mean that the court system endorses student mask mandates. According to Hodge, in a preliminary injunction hearing, the plaintiff is “required to show that an irreparable injury would occur without immediate injunctive relief.” This is a high bar to meet.

Hodge also took issue with our arguments that the Massachusetts Dept. of Elementary and Secondary Education (DESE) and defendant school districts overstepped their authority in issuing the mandate—even though we are no longer in a state of emergency, and masks aren’t required in many towns.

Read the full ruling.

The setback in this case certainly benefits the defendants, which include the Massachusetts Dept. of Elementary and Secondary Education. They are (unfortunately) well-funded by our tax dollars and certainly welcome another hurdle for our grassroots group to jump through.

Know that DESE needs to keep the masks on. It’s a tool of control and shame. As Attorney Fojo pointed out at the hearing, DESE is clearly using masks to coerce vaccinations. Per DESE guidance and no science whatsoever, students may only unmask once 80% of students are vaccinated; but even then, the unvaccinated must continue to mask, with no defined off ramp.

This is a dark time for the children of Massachusetts, as powerful interests fight to control them, harm them, and deny parental rights.

We will consult with our counsel and send out an update on our full response and next steps.

Parents and concerned citizens of Massachusetts: don’t forget that this state was once the cradle of liberty. We will continue to stand up for constitutional and children’s rights, and we urge you to stay strong and hold the line for our children. The wheels of justice turn slowly but grind exceedingly fine.

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