A Tulsa optometrist and some area business owners have filed a federal lawsuit to challenge the city of Tulsa’s mask mandate.
The group, led by Robert Zoellner and ThriveTime radio show host Clay Clark, named Mayor G.T. Bynum, Tulsa Health Department Executive Director Bruce Dart and the Tulsa City Council as defendants in the 33-page federal filing alleging masks cause oxygen deprivation.
The duo and others met in Jenks to announce the lawsuit that claims Tulsa’s mask ordinance creates an “oxygen deficient atmosphere” under Department of Labor guidelines. Occupational Safety and Health Administration guidelines define oxygen-deficient atmospheres as having below 19.5% oxygen content, according to the filing.
The suit further alleged forcing individuals to work in such an atmosphere “has been proven to cause irreparable physiological damage” after only 15 seconds of wearing a face covering, despite a July report from the Mayo Clinic that stated such concerns were inaccurate.
Plaintiffs claimed in the filing both they and their employees experienced “migraine headaches, shortness of breath and dizziness” while wearing face coverings. The group is representing themselves along with James DeCristofaro, who was identified in the filing as a New York attorney not yet admitted to practice in Oklahoma.
The lawsuit further alleges the city’s mask ordinance was unconstitutional in that it violates the 10th Amendment, Ninth Amendment, the Equal Protection Clause, Fourth and Fifth amendments, as well as being void for vagueness.
A city of Tulsa spokeswoman said the city won’t comment on pending litigation.
A medical doctor in Ireland went viral online last month after tweeting a video in which his oxygen levels never changed while wearing six masks. The video has been viewed more than 20 million times.
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Stetson Payne 918-732-8135