The lawsuit was dismissed without prejudice to all parties involved.
A federal lawsuit against mask mandates in Tulsa, Oklahoma, has been dismissed.
Tulsa World reports that the complaint was unscathed by all parties together. This means that it cannot be resubmitted or challenged. Both sides are responsible for paying their own attorney fees and expenses, and reimbursing any other expenses they may have tried to recoup through litigation.
However, Tulsa World notes that there is no provision in the agreement: the city may attempt to reclaim attorney’s fees and expenses if either plaintiff commences another “lawsuit based on or including the same claim or claims as this lawsuit.”
The lawsuit was originally filed by a group of Tulsa area residents, including opticians Robert Zoellner, Clay Clark, and Dr. James Meehan.
The plaintiffs jointly asserted the dubious claim that Tulsa should not – and could not – order residents to wear masks because masks may “[cause] healthy people get sick. “
“The OSHA website states that employers should not force employees to work in an environment where they have less than 19.5 percent oxygen,” Clark said after filing the lawsuit. “And the prescribed masks mean that employees fall below 19.5 percent oxygen levels within 10 seconds of wearing a mask, so I don’t want to make my healthy employees sick.”
Clark and his cohorts had actually tried to argue that the use of masks causes severe oxygen starvation that can cause “irreparable physiological damage” in seconds.
A hammer. Image via Wikimedia Commons via Flickr / User: Brian Turner. (CCA-BY-2.0).
This despite the fact that their claims were specifically invalidated by a Mayo Clinic report published in the summer.
However, plaintiffs alleged that she and her staff had “migraines, shortness of breath and dizziness” as a direct result of wearing masks at work.
Tulsa World shares links in another article to a video by an Irish doctor posted on Twitter that sheds light on such incredible claims. In it, the doctor records that he is wearing up to six face masks while monitoring his own oxygen level, which never changes, let alone reaches a precariously low percentage.
Although it has agreed to settle unscathed, Tulsa has held onto its guns, claiming mask mandates are its responsibility to create and enforce them.
“Oklahoma state law allows these specific kinds of rational regulations to be passed to protect the health and safety of the public during a pandemic such as the one currently experienced,” Tulsa wrote in a December dismissal petition.
Since then, the city has extended its mask mandate until the end of April.
Anti-masks group sues Tulsa city, alleging masks cause oxygen starvation
Group drops lawsuit against Tulsa mask mandate
The group is fighting the mask mandate, saying it is harmful to healthy people