Elmbrook Parent Sues District Over Face Mask Policy

BROOKFIELD, WI—An Elmbrook School District parent who once called face masks "satanic" filed a lawsuit against the district over its face mask policy, arguing that requiring her to wear a mask at a meeting violated her religious rights and that there is no county emergency order to enforce a mask mandate.

Heidi Anderson filed a suit in Waukesha County Circuit Court on April 14.

The lawsuit came after Anderson attended a Monday meeting about the April 6 school board election at Elmbrook’s central office, at which she did not wear a mask.

At the start of the meeting, board President Scott Wheeler announced that masks were required. Anderson refused to comply, according to the district's lawyers. Anderson said the policy related only to students and not to her, the district's lawyers said.

Buelow Vetter Buikema Olson & Vliet, the law firm that represents the Elmbrook School District, sent a letter to Anderson's lawyer regarding the incident. The law firm said Anderson violated the district's mask policy while attending the meeting.

District lawyers declined to comment directly on Anderson's lawsuit but issued the following statement.

"Waukesha County, where the District’s facilities are located remains under a public health emergency issued by the County Executive in March of 2020. Thus, Ms. Anderson, as are all other persons entering District properties, is required to wear a face covering."

Anderson's attorney Brian Henderson released the following statement to Patch.

"All that my client is seeking is ultimately for a court to force the Elmbrook School District to stop pretending they have a mask mandate in force when they do not, if Elmbrook will not stop voluntarily.

"The district is threatening removal of people like my client who have objections or problems wearing masks, despite the fact that the public health emergency declaration that had given them authority to apply a mask mandate ended two weeks ago. They have attempted to continue applying the policy under the false claim that Waukesha County (in which Elmbrook is located) supposedly had a public emergency declaration in force (which the County does not, and in fact would not even have the power to do)."

The Wisconsin Supreme Court ruled 4-3 in late March that Gov. Tony Evers did not act lawfully in issuing multiple public health emergencies during the pandemic, ending a statewide mask mandate put in place to limit the spread of the coronavirus and the latest executive order declaring a public health emergency.

Anderson's lawsuit argues that she is unable to participate in business she has with district administrators without acquiescing to a policy she said is not lawfully in force. She added that the mask requirement affects her ability to attend her oldest daughter's graduation ceremony in June.

Anderson's suit asks that the Elmbrook mask mandate be nullified.

The district issued the following statement.

"The District is thankful and proud of the grace and patience afforded us by our students and families this year. Our mitigation efforts to stay safe and stay open have resulted in a successful in-person learning experience since we opened on September 1. Our mask requirements of students, staff and visitors have not changed, and were reinforced as critical to our continued success at a recent Medical Advisory Board meeting. While we cannot comment on existing litigation at the advice of our attorney, we remain committed to following the science and data to inform our safety protocols and procedures."

Anderson filed a previous lawsuit arguing that the Elmbrook School District couldn't ban her from district property after she criticized the district's policies on masks, social distancing. She also criticized an Elmbrook school board member at an Aug. 11 meeting.

At the meeting, Anderson said that social distancing and masks were "pagan rituals of satanic worshippers." She also defended former President Donald Trump and slammed a board member for supporting former President Barack Obama and for being Muslim.

"My children are Christian, and they are not subject to wearing these face coverings," she said. "Christian children should not be forced to wear face coverings any more than children who are Islamic or Muslim should be forced to, as you put it, be subjected to the American style of the sexualization of children and have to wear less clothing than you are comfortable with your children wearing."

The district subsequently banned Anderson from district property without permission, but a federal court ruled that the district could not enforce the ban.