Back to School After the Snow

But who can go?

by Michael Kane

12-17-20

Our case of KANE vs. NYC DOE is not fully resolved yet, but our attorney feels confident things will resolve well for us.

Please remember, our case never made any attempt to challenge the entire testing regime in NYC schools. Our case is narrow, and only focuses on protection of the specimen collected from teachers and students during in-school COVID testing.

We cannot advise you to use KANE vs. NYC DOE as a reason to not sign the consent form for in-school COVID testing for any reason(s) outside of the scope of the case: if you feel your parental rights are being trampled on, you want to have your child tested with your own doctor, you want to claim a religious exemption, you believe in-school testing is illegal or unconstitutional (etc…); none of these reasons fall within the scope of our current case.

I am a high school teacher and I am currently working fully remote. I am not being asked to sign the consent form at this time, but when I am required to I believe I will sign it. From all I have seen from our attorney Michael Sussman I have full confidence the end result is going to be an iron-clad, enforceable ruling that guarantees the specimen I provide during in-school testing cannot legally be used for anything but getting a positive or negative COVID result. For me, this was the most important issue of all. It is not the only issue I have, but it was the only issue that I was willing to fight for till the end.

On this one issue, thankfully, the end is coming near.

On all other issues surrounding in-school COVID testing in NYC, another lawsuit was filed in federal court yesterday by other attorneys and litigants that is not related to KANE vs. NYC DOE or Michael Sussman. That case is much more broad and will be seeking to challenge PCR in-school COVID testing in a much bigger way.

Stay tuned. More is coming on that at this blog very soon.

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