NEWS

Oklahoma lawsuit seeks to overturn ban on school mask mandates

A state medical group and several Oklahoma parents are alleging a state law that largely prohibits public schools from implementing mask mandates is unconstitutional.

The Oklahoma State Medical Association on Thursday asked a judge to prevent the state from enforcing Senate Bill 658, which disallows school districts from imposing mask mandates unless the governor has declared a state of emergency. 

The lawsuit names the Oklahoma Legislature, which easily passed SB 658 in May, and Gov. Kevin Stitt, who signed the bill into law before this new surge of COVID-19 cases. 

In a statement, Oklahoma State Medical Association President Dr. Mary Clarke said science clearly indicates vaccinations and masking are key to preventing the spread of COVID-19. 

"As we are experiencing record numbers of children infected by the Delta variant and hospitals are stretched to capacity, we must do everything we can to keep Oklahoma’s children safe," Clarke said. "This is not a political stance; it is about public health and common sense. If schools can send students home for a lice infection, they should have the latitude and ability to issue a mask mandate."

Asked about the lawsuit, Sen. Rob Standridge, R-Norman, one of the bill's authors, said he stands by his earlier statements that parents should be the ones to decide if their children wear masks to school. 

House Minority Leader Emily Virgin, D-Norman, applauded the lawsuit, saying it's "shameful" parents have to sue Stitt and the Legislature to keep their children safe. 

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Despite increasing COVID-19 cases and hospitalizations, Stitt previously has said he has no plans to reinstate an emergency declaration. In early May, he lifted the state of emergency Oklahoma had been under for most of the pandemic. 

In recent weeks, medical professionals have repeatedly called on Stitt to declare a state of emergency as the highly contagious delta variant has spread across Oklahoma. 

The lawsuit argues children have a constitutional right to attend school without the government endangering or jeopardizing their health. Currently, only children 12 and older are eligible for a COVID-19 vaccine, which means younger kids are especially vulnerable to the delta variant. 

More:First Oklahoma district defies school mask mandate ban

Tulsa County resident Kimberly Butler, one of the parents who signed onto the lawsuit, alleges sending her 9-year-old son to school without a mask mandate in effect could be detrimental to her son and herself.

In a written statement, Butler said she is taking numerous immunosuppressants due to cancer and "multiple diseases related to an overactive immune system." Her son, who is not named, has been diagnosed with autism and epilepsy and struggled with virtual learning.  

"For his developmental and emotional well-being, he needs to attend school face-to-face," Butler wrote. "He is entitled to a free appropriate public education, and a safe learning environment is necessary to fulfill that requirement by law. Additionally, we are concerned not requiring all students to wear masks will lead to more outbreaks, forcing students to quarantine. It could also lead to schools shutting down completely and returning to virtual learning." 

The lawsuit also argues SB 658 is unconstitutional because it treats public school students and staff members differently from those in private schools. The law only prevents mask mandates in public schools because the Oklahoma Legislature has limited authority to regulate private schools.

Sam Blackstock, vice chairman of the Oklahoma Alliance for Healthy Families, said it is reasonable for schools to implement science-backed mitigation measures to ensure kids stay healthy and in the classroom throughout the school year.  

"Leaving private schools the chance to protect their kids by requiring masks while leaving public school kids unprotected is unconscionable," he said. "Local school boards, across the board, should be able to determine policies that impact their kids on a local level.”

The suit also claims the law violates the state's single-subject rule, which stipulates legislation can only focus on one main topic, and an Oklahoma constitutional provision that disallows "special laws" regulating cities or school districts. 

The lawsuit filed in Oklahoma County District Court asks a judge to declare SB 658 unconstitutional and prevent the state from enforcing the law. 

SB 658 also prevents public K-12 districts and higher education institutions from requiring students to get a COVID-19 vaccination or “vaccine passport” in order to attend school.

That portion of the law is not directly targeted in the lawsuit, but it could come into question as litigation moves forward.