Massapequa Board Of Ed Suing State Over School Mask Mandate

MASSAPEQUA, NY — The Massapequa Board of Education unanimously approved filing a lawsuit challenging the state's mask mandate for all school children. The district was joined by the Locust Valley School District in the suit.

The suit, which was filed in Albany County Supreme Court, challenges the authority of Gov. Kathy Hochul and Health Commissioner Dr. Howard Zucker to institute the state-wide mandate.

"The lawsuit demonstrates that neither the health commissioner nor the governor, Kathy Hochul, have the authority to establish a state-wide mask mandate as an emergency health measure, that such authority resides only with the legislature," Board of Education President Kerry Wachter said in a statement at the meeting. "Otherwise, it is a matter for local control."

According to Wachter, the district's suit claims that since the state Legislature removed the governor's emergency authority in March 2021, Hochul does not have the power to issue the state-wide mandate. Such an order is unconstitutional, they say.

"Nothing has changed except the occupant of the governor's mansion," Wachter said.

The lawsuit also alleges that mandatory masking does more harm for students than good, Wachter said.

"Reducing the spread of COVID in school buildings is achieved through a combination of proper social distance, good ventilation and appropriate masking," said Wachter. "No scientific study has isolated masking in schools and established its efficacy alone."

In August, days before Hochul issued the mask mandate, the Massapequa Board of Education voted to not mandate masks in its schools. The measure was met with raucous applause from parents in the audience. Though masks were not mandated in school by the measure, they were still highly recommended.

"Our lawsuit seeks to vindicate the authority of our elected school boards under current law to weigh competing considerations and establish the best local policies for our students — mask mandate, or mask optional, together with a comprehensive opening plan," said Wachter.