Parents Sue RI Governor Over School Mask Mandate

PROVIDENCE, RI — More than a dozen Rhode Islanders are suing Rhode Island Gov. Dan McKee, claiming his executive order requiring masks in schools is unconstitutional.

The suit, filed in Providence Superior Court on Thursday, calls for the court to strike down the governor's order, which requires that all school districts implement universal indoor masking policies.

One of the plaintiffs, Richard Southwell, said the policy was a "disappointment" for his seventh grade son, who was previously "thrilled" to be going back to school in person.

"My wife and I feel very strongly that wearing a mask for prolonged periods of time is unhealthy for our son," Southwell wrote in the complaint. "To us, the brain's constant need for oxygen is pretty compelling science, and we're puzzled as to why it's being ignored."

Another parent, Jonathan Barrett, said that his daughter has had a "deterioration and decline in [her] interest in going to school and doing her best work" while the mask mandate has been in place.

"Distance learning, while not optimal, at least allowed her to breathe freely," Barrett wrote.

Several other parents wrote that their children were suffering socially and emotionally due to prolonged mask wearing, but that they had been afraid to speak up for fear of ridicule or reprisal.

The suit went on to criticize McKee, the Rhode Island Department of Health and the American Association of Pediatrics for their support of mask-wearing in schools, saying that their data was not based in facts, and that because COVID-19 generally poses less of a danger to children, it's unreasonable to require that children wear masks in schools. While one parent claimed that no children have died in Rhode Island from COVID-19, the Department of Health told WPRI that three juvenile COVID-19 associated deaths have been reported in the state, to date. In these cases, the virus was not the primary cause of death, the department said.

McKee issued the executive order Aug. 19, saying at the time that masks would help buy "time until more children become eligible for vaccination." This week, he confirmed that he would extend the order, which was set to expire this weekend.

"The public health guidance on masks in schools is crystal clear," Dr. Nicole Alexander-Scott, the director of the Department of Health, said in August. "Both vaccinated and unvaccinated people in schools need to be wearing masks."

In early August, the Centers For Disease Control and Prevention updated its school guidance to strongly recommend universal masking, regardless of vaccine status. The agency also called for schools to implement other safety measures such as three-foot spacing in classrooms, frequent handwashing and good ventilation.

The lawsuit concluded by calling for the court to issue a permanent injunction against the executive order, as well as declare that the governor overstepped his executive powers in issuing it.