In an effort to compel Trustee Jeffrey Cortinas to wear a mask at meetings, the Turlock Unified School District and its Board of Trustees are taking the issue to court.
TUSD and the Board filed a petition with the Stanislaus County Superior Court for a writ of mandate as well as a complaint for injunctive relief, according to a court summons posted to Facebook by Cortinas which shows he is being sued. The document was verified Feb. 1.
A writ is an order from the Court commanding any inferior government official to do something; in this case, TUSD and the Board are asking Cortinas be commanded to wear a mask at Board meetings. In order to obtain an ordinary writ, TUSD and the Board’s petition must show that there is no other plain, speedy or adequate remedy, that the respondent has failed to perform an act despite a clear, present and ministerial duty to do so and that the petitioner has a clear, present and beneficial right to that performance.
In the petition, TUSD and the Board lay out a timeline of Cortinas’ refusal to wear a mask during numerous Board meetings, which they say has prohibited the District from returning to an in-person format for meetings as desired. In refusing to wear a mask or participate in Board meetings virtually from a different room while not wearing a mask, the petition states that Cortinas is disobeying not only the California Department of Public Health’s mask requirements for K-12 settings, but also TUSD’s.
In addition to the writ and injunction, TUSD and the Board are also requesting from Cortinas an award of costs, disbursements and reasonable attorneys’ fees and expenses — a number exceeding at least $25,000, according to the document.
Cortinas’ refusal to wear a mask dates back to October 2020, the petition states, when he told TUSD Assistant Superintendent of Business Services Barney Gordon that he couldn’t wear one due to medical reasons and refused a face shield. On Nov. 25, 2020, Cortinas refused a mask, a face shield and the option to participate in that day’s meeting remotely.
He continued to go maskless throughout the 2020-2021 school year, with TUSD stating the District took other mitigation steps during that time. At the start of the 2021-2022 school year, however, Cortinas wore a mask up until Nov. 2 when he arrived maskless, and “defiantly got up from his seat, walked over to the trash can” and threw away a mask handed to him by Gordon.
Just 10 days later, Cortinas wore a mask during a meeting with Superintendent Dana Trevethan. He then refused to wear a mask again during a Nov. 16 Board meeting, resulting in students in attendance being asked to leave. A resolution was passed by the TUSD Board reiterating the mask requirement during a special meeting on Nov. 29, and on Dec. 14, Cortinas agreed to participate remotely, only to make a list of demands which delayed his ability to attend from a different location.
He returned to the meeting maskless, then left to participate virtually after about 25 minutes when a member of the public complained. The Jan. 4 Board meeting was cancelled because of Cortinas’ refusal to wear a mask or participate remotely, and the Board approved a resolution to meet virtually moving forward on Jan. 10.
These are all examples of Cortinas violating his “mandatory duty as both an individual and a member of the Board to wear a face covering at meetings or participate in an alternative format should he refuse to wear a face covering,” the document reads.
“...Trustee Cortinas’ failure to wear a face covering or agree to alternative arrangements has placed the health and safety of his fellow Board members and District staff, students and families at risk,” the petition states. “Moreover, Trustee Cortinas’ actions could also result in the District being fined for its failure to implement public health orders and mandates.”
The petition goes on to say that the writ and injunction requiring Cortinas to adhere to the public health orders is the only way to address and resolve the issue.
Cortinas posted the summons in the Facebook group “REOPEN ALL TURLOCK SCHOOLS,” where members were quick to support him. An online fundraising effort to help Cortinas with legal fees was started by supporters, which had collected nearly $1,500 as of Friday afternoon.
In an email to the Journal, Cortinas said he is trying to work with the District and that hopefully they can “come to a mutual resolution so we can get our focus back on the kids.”
“At this time we are unable to comment on pending litigation, but TUSD remains committed to providing a safe environment for students and staff to preserve full-time, in-person learning,” the District also told the Journal in an email.
A case management conference has been scheduled for June 6. According to California law, should the writ be issued and directed, refusal to obey or comply can result in a fine not exceeding $1,000. In the case of persistent refusal, the party could be imprisoned until the writ is obeyed.
