Families Sue Rhode Island's Governor to Overturn His School Mask Mandate

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Providence , R.I. -

My daughter is growing moody and withdrawn. My child鈥檚 attention span has dropped. My daughter can鈥檛 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 , Providence, have filed a lawsuit seeking to overturn Gov. Dan McKee鈥檚 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 鈥� who live in Glocester, Smithfield, North Smithfield, and Warwick 鈥� 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 鈥渄o not show evidence that masking children in school works.鈥�

The author, David Zweig, wrote that many European countries, along with the World Health Organization, have 鈥渆xplicitly recognized that the decision to mask students carries with it potential academic and social harms for children and may lack a clear benefit.鈥�

The plaintiffs say mask-wearing threatens to cause serious and long-lasting damage on their children鈥檚 physical and emotional wellbeing.

challenging Gov. Tom Wolf鈥檚 statewide school mask mandate, which went into effect starting Sept. 7 and sparked anti-mask protests in some districts.

Jessica LeBlanc of Smithfield blames her daughter鈥檚 growing lethargy and depression on constant mask-wearing.

鈥淭he cure is worse than the disease due to the lasting impacts the actions (of) adults in authority have on this generation,鈥� she wrote. 鈥淥ur 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, 鈥業鈥檒l get in trouble.鈥欌€�

Another plaintiff, Jonathan Barrett of Glocester, wrote that his 6th grade daughter wonders why it鈥檚 OK for her to eat at a restaurant without a mask but has to wear one while in school.

This information is no longer being updated. The last data update was on May 23, 2022.

MASK MANDATE BAN IN EFFECT

69传媒

1. Florida

On Sept. 22, Florida's surgeon general over masking in schools. On Nov. 5, a judge in a legal challenge to rule. On Nov. 18, Gov. DeSantis signed a bill that that require masks.

2. Georgia

On March 29, Gov. Kemp signed the 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鈥檚 attorney generalwhile awaiting further action from the court. On May 16, 2022 a U.S. Court of Appeals .

4. Oklahoma

On Sept. 1, an Oklahoma judge , but students or their parents can still opt out of school mask mandates if they choose.

5. Utah

In Utah, local health departments with approval from the state or county government, according to the state鈥檚 top education official.

6. Virginia

On Jan. 15, Gov. Youngkin It effectively rescinded the state's school mask requirement that had been in place since August. That executive order On Feb. 14, the Virginia legislature That bill was on Feb. 16 and went into effect on March 1.

MASK MANDATE BAN BLOCKED, SUSPENDED, OR NOT BEING ENFORCED

69传媒

1. Arizona

On Sept. 27, a that were set to take effect on Sept. 29. On Nov. 2, . On April 25, Gov. Ducey signed , which prevents schools from requiring a student to wear a mask without first getting parental consent. The ban, which replaces the one blocked by the courts, will go into effect 90 days after the legislature adjourns.

2. Arkansas

An , 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, South Carolina from enforcing the rule that banned school districts from requiring masks for students.

4. Tennessee

On Dec. 10, 2021, a federal judge An appeals court on May 10, 2022.

5. Texas

On March 17, an appeals court upheld an injunction that , finding it is unlawful and exceeding the governor's authority. This is not the first time the state's ban has been .

MASK REQUIREMENT IN EFFECT

69传媒

1. Hawaii

Although Hawaii's state-wide indoor mask mandate indoor masking will still be required in public schools

PREVIOUSLY HAD MASK REQUIREMENT

69传媒

1. California

On Feb. 28, the governors of California, Oregon, and Washington 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. Heon 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. 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 that recommend universal masking only when community COVID-19 levels are high.

5. Illinois

On Feb. 5, a judge issued a聽聽on the governor's statewide mask requirement. On Feb. 25, the state supreme court vacated that order. On the same day, the governor the requirement on Feb. 28.

6. Kentucky

Kentucky's school mask mandate , when the state legislature voted to limit the governor鈥檚 emergency powers.

7. Louisiana

According to a which was 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 without requiring masking in schools.

8. Maryland

On Jan. 5, but allowed school districts to opt out if certain vaccination rates were met. On Feb. 22, the state board of education . On Feb. 25, a state legislative committee effective March 1.

9. Massachusetts

On Sept. 27, the state began allowing from the face covering rules for vaccinated individuals if certain vaccination rates were met. On Feb. 9, officials announced

10. Nevada

On Feb. 10, the immediate suspension of the school mask requirement. The previous mask requirement had only

11. New Jersey

On Feb. 7, Gov. Murphy to end his state鈥檚 school-mask requirement on March 7.

12. New Mexico

On Feb. 17, the end of the mask requirement, effective immediately.

13. New York

On Jan. 24, A day later, an appeals judge On Feb. 27, Gov. Hochul on March 2.

14. Oregon

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 . However, on Feb. 28, the governors of California, Oregon, and Washington that mask requirements would end in their states effective March 12.

15. Pennsylvania

A statewide mask mandate for Pennsylvania schoolchildren on December 10.

16. Rhode Island

On Feb. 9, Gov McKee announced the school mask mandate would On Feb. 15, he signed an specifying that the order would take effect at 5 p.m. on March 4.

17. Virginia

On Jan. 15, Gov. Youngkin It effectively rescinded the state's school mask requirement that had been in place since August. That executive order On Feb. 14, the Virginia legislature That bill was on Feb. 16 and went into effect on March 1.

18. Washington

On Feb. 17, the state's school mask requirement will end effective March 21. However, on Feb. 28, the governors of California, Oregon, and Washington that mask requirements would end in their states effective March 12.
NOTES
In January 2022, the Missouri attorney general, Eric Schmitt, some school districts that required masks, citing a 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鈥檚 treasurer on schools with mask mandates. In mid-March, Schmitt against school districts that no longer required masks. On May 19, 2022 Schmitt against several districts that had reinstated mask requirements.
On Feb. 23, 2022, New Hampshire鈥檚 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 鈥渁re inconsistent with鈥� their rules. There鈥檚 , but in response. A 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.

鈥淲e 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,鈥� they wrote. 鈥淒uring 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.鈥�

Another Glocester resident, Aimee Sayers, is home-schooling her children, ages 4 and 10, because of the COVID health measures adopted by the schools.

鈥淚 will not send my child to an establishment being run like a prison,鈥� she said. 鈥淚 don鈥檛 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.鈥�

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鈥檚 executive order null and void and to prohibit him from issuing any further executive orders related to COVID.

Linda Borg

The Providence Journal