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Whatcom school districts ‘served’ over mask requirements

Superintendent: 'There wasn't anything legal about it.'

By Hailey Hoffman Visual Journalist

Whatcom County schools, you’ve been served.

Last month, three Whatcom County school districts were served “legal” papers by Susan Prosser of Lynden, who had specific demands:

  • “Stop coercing all forms of COVID-19 propaganda.”
  • End mask and vaccine mandates.
  • Stop hosting vaccine clinics.
  • Stop disseminating “obscene materials.”
  • “Remove all boys from girls’ locker rooms and bathrooms.”

The school boards were accused of violating state, federal and international laws and breaking their promises to constituents.

“I am a whistleblower and am turning in what I perceive to be illegal and unethical acts committed in this school district, Ferndale, WA, by officials against children under the age of consent,” Prosser said in the claim against Ferndale School District. Cascadia Daily News obtained the documents through a records request.

Prosser also delivered notice to the Nooksack Valley and Lynden School Board meetings in February. Prosser did not respond to a request for comment.

Two problems with the demands: the statewide mask mandate ends on March 12 and the documents have no legal standing. 

“There wasn’t anything legal about it. It was more a citizen making demands.” — Matt Galley, Nooksack Valley Superintendent

Prosser argued in the document that the school districts are practicing medicine without a license by enforcing mask mandates and holding vaccine clinics on school campuses. School districts fall under the state-wide Washington indoor mask mandate and have worked with local and state health officials, who have made recommendations regarding the use of masks and have encouraged vaccinations.

If schools didn’t comply with the mask mandate, they would be at risk of losing state funding and resources. The Tri-City Herald reported last month that the Richland School District board voted to remove the mask mandate, but quickly reinstated it after receiving pushback from the state government and the community.

After receiving the papers, both Nooksack Valley and Ferndale School Districts said they talked with their legal teams, which said there was no need for a formal response.


“There wasn’t anything legal about it,” said Matt Galley, Nooksack Valley Superintendent. “It was more a citizen making demands.”

 

The papers are part of a country-wide effort among private citizens to reduce COVID-19 regulations in schools by threatening to file “surety bond claims” against districts. Washington state school district officials are bonded, meaning they are required to fulfill their oath of office and duties to constituents or pay a fine. The Small Business Association defines them as contracts that provide “the customer with a guarantee that work will be completed.”

Bonds for the Win is a website that outlines the steps to file complaints and threaten school districts with legal action over surety bonds. It includes sample documents for people to serve their own school districts with. Their telegram group has over 20,000 subscribers, with more than 500 in Washington state. 

The claim filed stated the school districts failed their students and communities and had five days to correct their “violations” or the district and board members would be financially liable. That five-day window has passed, and nothing has happened. 

As for the masks? The Washington State Department of Health is currently working on updated guidelines for schools.

Galley said if given the option to choose between continuing or removing masks, Nooksack Valley schools will likely let individual students and staff make the personal choice to wear a mask or not.

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