Lydia is arguing before a judge that the Department of Education's safety policy is arbitrary and capricious. She is claiming the masks are inadequate. KN 95 masks last only 25 hours. She also says the ventilation is deficient. She goes on to say the class sizes are too high. She then adds that the courts have ruled on many occasions to override school policy. She says switching to remote will cause learning loss but that is much less harmful than keeping buildings open because switching to temporary remote would keep many more people healthy. She adds that she caught COVID in school in January. She asks that the schools be remote through February 1. She cites numerous statistics to back up her argument.
Judge asks who she represents. Lydia argues that she represents all people who signed her petition, which is thousands of people. Judge asks her to show her citations and Lydia does.
City attorney argues that their plan is rational. Parents will have issues if schools are remote. DOE has mitigation strategies. Lydia can't bring a class action pro se. New York City DOE has an obligation to provide for children and is doing it. The issue is moot because she asked for schools to go remote until January 18 and that makes it moot.
Lydia gets a rebuttal saying 75 DOE have died since pandemic started. She goes over masks again.
City says there is a rational basis for what they have done.
Judge says he will make a decision. It's over at 10:16 a.m.