Ready to sue over mask reg for 5 & unders
The city should drop the mask mandate for schoolchildren ages 5 and under, says a group of local parents.
They plan to file a lawsuit in Manhattan Supreme Court to overturn the mandate on Monday, the day mask rules will be dropped for all students older than 5.
The rules will remain in effect for youngsters, who are not eligible for COVID vaccines.
“These aren’t just dress-code policies that have no impact on someone’s life,” said attorney Michael Chessa.
“For many of us, this is something we find harmful for our children. We want to have the choice whether to do it or not.”
The group of about a dozen parents from throughout the five boroughs plans to argue that the city has to pass a law to enforce the mandate.
“If the Department of Health sees fit to put these into place, then they have to bring them to the City Council and the City Council has to say, ‘OK, we’re going to pass these city laws,’ ” said Chessa, a former Brooklyn assistant district attorney.
Last month, Gov. Hochul lifted the state’s mask mandate for workplaces and businesses. Weeks later, she ended the mask mandate for students, citing declining COVID case numbers and high vaccination rates, leaving it up to localities on whether to keep their own rules in place.
Along with ending the mask mandate for students over 5 on Monday, the city is dropping proof-of-vaccination requirements at restaurants, gyms and other indoor settings.
At a Friday press conference, Mayor Adams defended the decision to keep the mask mandate for kids 5 and under in place.
“People wanted to say, ‘Let’s lift it across the board,’ but that’s not what the science was showing us,” he told reporters. “I know some people are concerned. I would rather people complain against me, than losing my babies in our city.”
Chessa, the parent of a 3-year-old girl and 15-year-old boy in public schools, insisted he and the plaintiffs are not against using facial coverings.
“Nothing I am doing is anti-mask,” he said. “All I am doing is pro-choice. I am just pushing this so that parents have the choice to do what they want.”