Canton, MI asked in Civil Rights and Constitutional Law for Michigan

Q: Act 451 of 1976 Sec 1307b subset (H) Any Restraint the negatively impacts breathing. Can we opt out of mask wearing?

I'm concerned for my son wearing a mask 8 hours a day in school (the currently requirement) Can we opt out of mask wearing and be protected under this law?

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: No. That statute applies to school personnel and what can be done to students within the school. School officials have an obligation to follow applicable laws. The mask mandate comes from county health departments. School officials must follow those orders, and they would be acting under color of law to ensure student compliance.

You would need to seek an exception for your son recognized by your county's health department order.

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