Schools
Tewksbury Parents Sue To Block District, State Mask Mandates
The parents argue that the district and Department of Elementary and Secondary Education lack the authority to require masks.
TEWKSBURY, MA — A group of Tewksbury parents has sued the district and the state to block the public school mask mandates, arguing neither the School Committee nor the Department of Elementary and Secondary Education has the authority to require masking.
Eleven parents filed the suit on behalf of their children in Middlesex Superior Court Sept. 21, asking the court to block the mandates both the district and the education department have put in place.
On Monday, the department extended its public school mask mandate through Nov. 1, with an exemption available to schools with 80 percent vaccination rates. In Aug., the Tewksbury School Committee voted to put in place a mask mandate for at least the first 60 days of the school year.
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The parents are represented by New Hampshire-based attorney Robert Fojo, who has filed similar suits in other Massachusetts and New Hampshire districts, as the Lowell Sun reported. Both the plaintiffs the state have asked to consolidate the suit with another in Hampden County, according to court filings.
The parents argue in the suit that student masking does not prevent the spread of the coronavirus, that masking does more harm than good and that the mandates "violate their rights to make healthcare decisions for their children and otherwise direct the care and upbringing of their children."
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The suit asks for the court to block the mandates and to award the plaintiffs' legal costs and any other "just and equitable relief."
The Centers for Disease Control and Prevention "recommends universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status."
A Department of Elementary and Secondary Education spokeswoman said the department does not comment on pending litigation. Patch has requested comment from the Tewksbury superintendent and will update this story with any response.
Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.
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