LOUISVILLE, Ky. — Jefferson County's Board of Education (JCBE) is looking to appeal Kentucky Attorney General Daniel Cameron's recent decision claiming the district violated the state's "Open Meetings Act."
In late December, Cameron said the district illegally barred a Louisville man from attending a school board meeting because he refused to wear a mask.
Kurt Wallace, said he tried to attend an August board meeting at the VanHoose Education Center on Newburg Road when officers asked him to put on a mask.
Cameron said the refusal to let Wallace into the meeting was a violation of Kentucky's Open Meetings Act.
However, JCBE argues masks were required to enter the JCPS building, not the meeting itself, as part of the board's Health Guidance Plan enacted in July 2022.
The plan requires when community spread of COVID-19 is ranked "high" in Jefferson County, masks must be worn to enter JCPS property. The Board said on Aug. 2, community spread was "high," thus face coverings were required.
Wallace was offered a mask or face shield and a COVID-19 test, all of which he refused, the appeal said. The Board said this is Wallace's third attempt at trying to challenge the Health Guidance Plan.
The appeal said Wallace's previous claims against the Board alleged JCBE had:
- "Violated coercion laws"
- Illegally practiced medicine without a license
- Violated Nuremburg code by "participating in human experimentation"
- Engaged in "felony interest acquisition of obscene material and distribution to minors"
- Sexually exploited minors, violating state and federal law
Sam Corbett, an education expert and former JCPS school board member, has a question regarding the school board's lawsuit.
"What might be a good question to ask JCPS is so why have they chosen to take this next action and file the counterclaim in the circuit court," Corbett said. "Hopefully, going forward, wearing masks in school buildings is not going to be an issue but it be interesting to know why JCPS chose to do this."
The Board said Wallace made "similar baseless claims" in the Complaint sent to Cameron's office.
In the appeal, JCBE argued Wallace’s appeal should have been dismissed because the Health Guidance Plan didn't constitute a "condition of attendance" and the Board didn't hold its meeting at an inconvenient time or location.
The appeal says the mask requirements were necessary, but in his decision, Cameron argued masks "[have] nothing to do with maintaining order."
The Board called Cameron's interpretation of the Open Meetings Law "unreasonably narrow."
"If adopted, the Decision would unreasonably restrict public agencies from taking steps to protect the health and safety of the general public and, as a result, discourage public participation in open meetings," the appeal claims.
In a statement, a spokesperson for the attorney general's office said:
"We stand by our open meetings decision, which speaks for itself and clearly outlines the law, and we respect the right of the Jefferson County Board of Education to file an appeal."
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