Several local residents are among those suing Monroe County and state leaders over COVID-19 restrictions.

Many took part in a rally and news conference outside the Monroe County Department of Health on Monday.

They are demanding that children go back to school in person full-time.

“Our children are suffering a mental health crisis caused by being kept out of schools," said attorney Carl Schwartz.

Schwartz represents plaintiffs suing Monroe County Commissioner of Public Health Dr. Michael Mendoza, Monroe County Executive Adam Bello, New York State Commissioner of Health Howard Zucker, and New York Governor Andrew Cuomo.

The lawsuit alleges its plaintiffs' freedoms and constitutional rights are being violated.

“We are not here by accident today and our government better be watching right now," said Schwartz.

Those seeking damages include landlords, performers and parents, like father of four Chad Hummel, of Irondequoit.

“They’re not protecting our children … There’s children that are suffering immensely on a day-to-day basis over these lockdowns and over these restrictions. Not being able to socialize, not being able to go to school, not being able to learn," said Hummel.

“Our kids are in harms’ way right now and they need to get the children of this county and of this state back to school," said Schwartz.

Dr. Michael Mendoza has publicly recognized the negative consequences of children not attending school in person. He has said he believes children should be attending classes in person full-time.

“We’ve learned since this screening began that the actual rate of asymptomatic positivity in the schools is very low," Dr. Mendoza said during a news conference last week. 

On Monday, Dr. Mendoza and Adam Bello said that the low numbers of cases found during testing in schools last week indicate that, “our schools are the safest place for our children during these uncertain times.” 

Despite all that, the lawsuit moves forward.