Although the state of California is lifting its indoor mask mandate for schools and child-care facilities on March 11, a coalition of parents is alleging that the measure is too little, too late.
“These schools need to address the social, emotional, and academic damage that's been done,” said Sharon McKeeman, founder of Let Them Breathe. “The healing should have begun months ago. The schools need to do something about that.”
Let Them Breathe, which counts 70,000 parents as members, sued the Oakdale Joint Unified School District (OJUSD) last week in Stanislaus County Superior Court after it allegedly excluded hundreds of unmasked students from the classroom.
“We're seeing high school students falling very far behind in their instruction and if teachers aren't accepting their work, it's drastically impacting their grades,” McKeeman told the Southern California Record. “For the younger kids, it's affecting all of them emotionally and socially. So, there is an aspect to the lawsuit that will be making sure any damage that's already been done is undone.”
The lawsuit alleges that OJUSD is quashing the First Amendment rights of their unmasked students under the U.S. Constitution and the California Constitution's Equal Protection Clause.
“OJUSD is engaged in policies, procedures, actions, aggressive enforcement tactics, and efforts that constitute violations of law, violations of students’ constitutional rights, and in some circumstances rise to the level of discrimination, harassment, and bullying,” wrote attorney Justin Reden in the Feb. 24 complaint. “Defendants’ restrictions violate the Equal Protection Clause of the California Constitution because Defendants’ mask mandate applies only to K–12 school settings whereas California has mandated that fully vaccinated individuals, both adults, and children, are not required to wear a mask in other settings.”
On Feb. 28, Dr. Mark Ghaly, California Health & Human Services Secretary, announced that masks are strongly recommended but will no longer be required after March 11, according to media reports.
“We’re asking for a Temporary Restraining Order that would immediately stop these enforcement measures that are violating students’ rights and if it’s granted that will hopefully open things up more to the school actually dialoguing about how they can do as much as they can to help these kids out for what's already happened,” McKeeman added.
Let Them Choose, a sister organization to Let Them Breathe, sued the San Diego Unified School District (SDUSD) over its vaccine mandate and won, however SDUSD has appealed.
"They were actually granted a stay," McKeeman added. "Our hearing on the appeal is March 16th. We also petitioned the California Supreme Court for them to revoke the stay. The stay was not granted on the legal merits. It was procedural."