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A Stillwater couple has joined a lawsuit filed in Oklahoma County District Court that seeks to overturn Senate Bill 658, a law that limits the ability of school districts to enact mask mandates and prevents them from requiring vaccinations for enrollment.

The suit, filed Thursday, names the State of Oklahoma Acting Through the 57th Legislature and Gov. Kevin Stitt as defendants.

The plaintiffs named in the filing are Dr. Valerie Ritter, a pediatrician from Tulsa; Kimberly Butler, a Tulsa County resident who has a graduate degree in public health, serves as a senior program officer at the George Kaiser Family Foundation and is a member of the City of Tulsa’s COVID-19 Testing Task Force; Mary Ann Martin, a mother of three students enrolled in Norman Public Schools and Dr. Britney Else, a family medicine and sports medicine physician from Broken Arrow.

All are identified as parents of students enrolled in public school districts, and several of their children have a history of health conditions or compromised immune systems, according to the filing.

Preston and Jenny Bobo of Stillwater, parents of two students enrolled in Stillwater Public Schools, filed an affidavit with the court expressing concerns about their children’s education and health.

Preston is a hazardous materials chemist and Jenny teaches at Stillwater Public Schools virtual academy. 

The petition argues that because the law applies to public schools and private post-secondary schools but not private schools, it violates the principle of equal protection.

It also maintains the law violates provisions in the Oklahoma Constitution that prohibit special laws regulating the affairs of cities or school districts and the requirement that every act of the Legislature deal with only one subject.

In addition, it claims the law violates due process and denies Oklahoma children their right to a free education in a safe environment.

The plaintiffs are asking for an injunction to prevent the state from enforcing SB 658.

The Oklahoma State Medical Association, which says it represents more than 4,000 current and future physicians, has joined the parents as a plaintiff.

OSMA President Dr. Mary Clarke, a Stillwater physician, issued a statement the day the suit was filed saying:

"The Oklahoma State Medical Association is committed to better health for Oklahoma. It’s even written into our mission statement. With this in mind, we are glad to sign on to the lawsuit to vacate SB 658 and any action that prevents Oklahoma schools from enacting policies that could keep their students, teachers and staff safe and healthy.

“The science stands firmly behind vaccinations and masking as important tools in stopping 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.

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"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."

The Oklahoma Senate, which described SB 658 as a “measure protecting health choice,” explained in a statement released June 3 that it contains provisions to:

• Disallow any medical device mandates, including masks, unless there is a declared state of emergency

• Prohibit any education institution in Oklahoma to require a COVID-19 vaccine or vaccine passport to enroll or attend

• Prohibit mask mandates for unvaccinated students

• Require schools to post on their website vaccine options for parents

• Require school boards to vote on any medical device mandates, including masks, at each board meeting

• Require any mandate to be specific on which types of masks and the exact purpose they are being mandated

• Require school boards to consult with their local county health department before implementing any medical device or mask mandate

“This bill is about protecting a student’s right to attend public school in person even if that student or their parent decide the COVID-19 vaccine is not the right choice for them,” Rep. Kevin West, R-Moore, the principal author in the House of Representatives said. “This also will protect unvaccinated students from being forced to wear masks when mask mandates do not apply to all.”

Twitter: @mcharlesNP

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