Families Sue Rhode Island’s Governor to Overturn His School Mask Mandate
By
Linda Borg, The Providence Journal
—
September 17, 2021
2 min read
Students line up to have their temperature taken as they return for the first time as their school, The Learning Community, reopens to in-person learning after it closed for the pandemic a year ago, in Central Falls, R.I., on March 29, 2021.
My daughter is growing moody and withdrawn. My child’s attention span has dropped. My daughter can’t breathe. My oldest has allergies and has developed a rash from wearing a mask all day.
These are just some of the reasons why 16 parents, in a suit filed Thursday in Superior Court, Providence, have filed a lawsuit seeking to overturn Gov. Dan McKee’s mandate that masks be worn in all Rhode Island schools.
The lawsuit also claims that McKee lacks the constitutional authority to impose this mandate, citing limits the General Assembly placed on his executive powers over the summer.
Last month, McKee called on General Assembly leaders to reconvene to reaffirm his COVID-19 emergency powers, but the leaders of the House and Senate responded that there was no need because McKee retained authority over health and safety matters.
The families — who live in Glocester, Smithfield, North Smithfield, and Warwick — are seeking a temporary restraining order to halt the mandate.
The suit also questions the science behind masks in school, quoting a recent article from New York Magazine that said studies used by the U.S. Centers for Disease Control and Prevention “do not show evidence that masking children in school works.”
The author, David Zweig, wrote that many European countries, along with the World Health Organization, have “explicitly recognized that the decision to mask students carries with it potential academic and social harms for children and may lack a clear benefit.”
The plaintiffs say mask-wearing threatens to cause serious and long-lasting damage on their children’s physical and emotional wellbeing.
Jessica LeBlanc of Smithfield blames her daughter’s growing lethargy and depression on constant mask-wearing.
“The cure is worse than the disease due to the lasting impacts the actions (of) adults in authority have on this generation,” she wrote. “Our child who once enjoyed her teachers now fears them. Whenever we tell her to reach out if she having issues ... breathing with the mask, she responds, ‘I’ll get in trouble.’”
Another plaintiff, Jonathan Barrett of Glocester, wrote that his 6th grade daughter wonders why it’s OK for her to eat at a restaurant without a mask but has to wear one while in school.
School Mask Mandates at a Glance
This information is no longer being updated. The last data update was on May 23, 2022.
On March 29, Gov. Kemp signed the “Unmask Georgia Students Act” which allows parents to exempt their child from a school mask requirement. The law went into effect immediately.
3. Iowa
On Sept. 13, 2021, a federal judge ordered Iowa to halt enforcement of its law banning mask mandates in schools. On Jan. 25, 2022, a federal appeals panel narrowed that injunction. Iowa’s attorney general announced the state is not enforcing the ban while awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals lifted the injunction.
In Utah, local health departments can issue 30-day school mask mandates with approval from the state or county government, according to the state’s top education official.
An Arkansas judge ruled on Dec. 29, that a law signed by the governor in April that prohibited local officials, including school boards, from setting mask mandates was unconstitutional. School districts have been able to set their own mask requirements since August when the judge put the law on hold.
3. South Carolina
On Sept. 28, a federal judge suspended South Carolina from enforcing the rule that banned school districts from requiring masks for students.
On Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.
2. Connecticut
On Feb. 7, Gov. Lamont announced that the school mask rule would expire Feb. 28. He signed a bill on Feb. 15 that made the expiration date official.
3. Delaware
On Feb. 7, Gov. Carney amended his emergency order to allow his state-level school mask requirement to expire March 31. On Feb. 28, he announced that masks would no longer be required effective at 6:00 p.m. on Tuesday, March 1.
4. District of Columbia
On March 8, the department of health released updated guidelines that recommend universal masking only when community COVID-19 levels are high.
5. Illinois
On Feb. 5, a judge issued a temporary restraining order on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor announced he would lift the requirement on Feb. 28.
6. Kentucky
Kentucky's school mask mandate ended in September, when the state legislature voted to limit the governor’s emergency powers.
7. Louisiana
According to a State of Emergency proclamation issued Nov. 23, which was extended on Jan. 19, students were required to wear masks in schools, but districts could opt out of the mandate if they adopted an isolation and quarantine policy consistent with the state's department of health protocols. On Feb. 16, Gov. Bel Edwards extended the order without requiring masking in schools.
On Feb. 7, health officials said the state would drop its school mask requirement no later than March 31. On Feb. 24, the Oregon Health Authority announced the requirement would lift on March 19. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.
On Feb. 17, Gov. Inslee announced the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington issued a joint announcement that mask requirements would end in their states effective March 12.
NOTES In January 2022, the Missouri attorney general, Eric Schmitt, sued some school districts that required masks, citing a November ruling by a county judge that said local health orders tied to COVID-19 were illegal. (The ruling was interpreted differently by different districts.) The state’s treasurer announced he would also crack down on schools with mask mandates. In mid-March, Schmitt began dropping lawsuits against school districts that no longer required masks. On May 19, 2022 Schmitt announced new lawsuits against several districts that had reinstated mask requirements. On Feb. 23, 2022, New Hampshire’s governor announced the state was no longer recommending universal indoor masking and therefore schools have to end mask mandates, arguing they violate state education department rules. Soon after, the department advised districts that the mandates “are inconsistent with” their rules. There’s disagreement over whether districts still have the authority to require masks, but at least one district changed its policy in response. A bill that would have banned mask mandates was vetoed by Gov. Sununu in May 2022. Updated 5/23/2022 | Sources: Local media reports, Education Week reporting | Learn more here
Julie and Paul McKenney of Glocester had similar complaints.
“We believe the social and emotional effects of COVID restrictions (masking, social distancing) have had on our children far outweigh any health risks from the virus itself,” they wrote. “During snack time they are told to hurry up, face forward, not to talk, making our children feel like they are doing something wrong, that they are going to get in trouble. We need to get these kids back to the business of being educated in a comfortable, NORMAL environment.”
Another Glocester resident, Aimee Sayers, is home-schooling her children, ages 4 and 10, because of the COVID health measures adopted by the schools.
“I will not send my child to an establishment being run like a prison,” she said. “I don’t understand why we are back to square on with restrictions in schools...Not a single pediatric death in the state and we are continuing to place restrictions on the least affected group.”
But the state Department of Health said since the start of the pandemic, Rhode Island has had three children in Rhode Island die who were COVID-19 positive. However, COVID was not determined to be the primary cause of death in any of these instances.
The parents are calling for the court to declare McKee’s executive order null and void and to prohibit him from issuing any further executive orders related to COVID.
The U.S. Supreme Court, seen on Feb. 27, next week will hear arguments in a challenge to the funding structure of the $4 billion federal E-rate program, which provides discounts to schools to connect to the internet.
The exterior of the Department of Education Building in Washington on Dec. 14, 2017. Parents are suing the department over the firing of its office for civil rights staff, arguing that the layoffs will stifle civil rights investigations.
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