Judge denies request to temporarily stop De Pere School District's COVID-19 policies

DE PERE (WLUK) -- Brown County Judge Marc Hammer denied a request for a temporary injunction to stop De Pere School District from following its COVID-19 quarantine policy in court on Tuesday.

Last month, Stephanie McManus, a substitute teacher and parent of two students in the district filed suit seeking an end to the policy.

In addition, she asked for a temporary injunction to stop the district from enacting the policy while the lawsuit plays out.

“The purpose of an injunction is to prevent immediate harm which my client and her children are at threat of experiencing today, tomorrow, the next day," McManus' attorney Brent Eisberner said.

“The plaintiff, and we got to this on the merits, has utterly failed to show that there is some sort of emergency or action needed," De Pere School District's attorney Lori Lubinsky said.

Currently, the district’s COVID protocols state that if a student is determined to be a close contact to a person infected with COVID-19, they do not have to quarantine and miss school as long as they are symptom free and wear a mask in school.

“The plaintiff’s children have medical exemptions from masking and the policy right now for the school is you can either quarantine or you can ignore your doctor’s order and wear a mask. Well the quarantine and virtual learning is not a substitute," Eisberner said.

“If in fact, and I believe the plaintiff’s children did have a quarantine period this school year, one, a quarantine period. I really think it’s important we’re all on the same page, we’re not talking about them being out of school for months at a time," Lubinsky said.

Hammer also heard from both Stephanie McManus and a representative from De Pere School District.

After hearing arguments from both sides, Hammer denied the request for the temporary injunction, saying he does not have enough evidence that the plaintiff suffers direct injury from the district’s policy.

Tuesday's ruling does not mean it's the end of the lawsuit.

It means that De Pere can continue with its quarantine policy as the case continues.

The next court date is scheduled for March 3.