Northland Parent Ass'n v. Excelsior Springs Sch. Dist. # 40

• Decision Date: 11 November 2021
• Docket Number: 21-CV-00623-FJG
• Parties: NORTHLAND PARENT ASSOCIATION, Plaintiff, v. EXCELSIOR SPRINGS SCHOOL DISTRICT # 40, ET AL., Defendant.
• Court: U.S. District Court — Western District of Missouri

NORTHLAND PARENT ASSOCIATION, Plaintiff,
v.
EXCELSIOR SPRINGS SCHOOL DISTRICT # 40, ET AL., Defendant.

No. 21-CV-00623-FJG

United States District Court, W.D. Missouri, Western Division

November 11, 2021

ORDER

Fernando J. Gaitan, Jr. United States District Judge

Currently pending before the Court is Plaintiff's Motion for Preliminary Injunction (Doc. # 40); Plaintiff's Motion to Expand Preliminary Injunction to Preclude Enforcement of Kansas City's New Mask Mandate (Doc. # 60) and plaintiff's Motion for Leave to File Excess Pages for its Reply Suggestions (Doc. # 61).

On November 4, 2021, defendants Mayor Quinton Lucas and the City Council of Kansas City, Missouri passed KCMO Ordinance 210902, which rescinded the City of Kansas City's Mask Mandate for everyone except for K-12 students and other persons inside school buildings and on school buses. Given this new action, plaintiff seeks to expand its Preliminary Injunction Motion to include this new Mask Mandate and plaintiff's claims in Counts I, II, III, XIX and XX of the Complaint. Plaintiff also requests that the Court conduct an evidentiary hearing with oral argument on the Motion for Preliminary Injunction.

1

A. Motion to Expand the Preliminary Injunction

Plaintiff moves to expand its preliminary injunction motion to enjoin enforcement of the revised Mask Mandate - KCMO Ordinance 210902. Plaintiff asks that the Court treat this expedited motion for expansion in an ex parte fashion and not allow any further briefing. Plaintiff states that on November 4, 2021, Mayor Lucas and the City Council of Kansas City, Missouri passed Ordinance 210902 which rescinded the City of Kansas city's Mask Mandate for everyone except for K-12 students and other persons inside school buildings and on school buses. Plaintiff states that this new action could not have been anticipated when the initial motion for preliminary injunction was filed in September and plaintiff is seeking to enlarge its preliminary injunction motion to include this new Ordinance and the claims in various counts of its Complaint.

The School Defendants state that the NPA's Motion to Expand the Preliminary Injunction should be treated as an entirely new motion directed at the new public health ordinance that was not in existence when the original motion or the opposition were filed. The City of Kansas City also opposes the Motion to Expand because the affidavits that NPA submitted concern the school districts and their policies, not the City Ordinance. Additionally, the City states that although the affidavits submitted in support of the preliminary injunction list the school districts the...