A Hockessin woman sued Delaware Gov. John Carney for extending the mask mandate in public and private schools until March 31, claiming that the extension is “unlawful” and “impeding” her daughter’s learning, according to a lawsuit filed in Chancery Court.
Statewide indoor masking requirements ended on Feb. 11, but Carney announced that students in kindergarten through grade 12 would still be required to wear face coverings until at least the end of March.
Janice Lorrah, whose 6-year-old daughter attends a private Christian school in Hockessin, stated in court documents that having to wear a mask in school is causing her daughter dizziness and shortness of breath and “taking a toll on her mental health.”
The school mask mandate extends the state of emergency orders issued by the governor on Aug. 13, 2021, according to the suit. The extension violates Delaware’s code that prohibits any emergency order from going beyond 180 days, the lawsuit claims.
MASKING UPDATE:Gov. Carney ends Delaware’s mask mandate on Feb. 11. Masks are still required in schools.
The suit alleges that the extension until March is “unlawful” under state law, which it says requires an emergency order to be renewed every 30 days.
Carney’s office did not respond to a request for comment.
A press release by the governor’s office on Feb. 7 stated that the extension has been implemented to give parents time to get children vaccinated. After March 31, school districts will be able to adopt their own mask policies.
“The issue in the lawsuit is not about masks being good or bad,” Lorrah said. “It’s about the process and the way in which the governor went about extending the masking mandate for children.”
A hearing is set to take place on Feb. 28 over a motion filed by Lorrah, requesting the court to immediately lift the mandate until the suit can be resolved.
HEAR US: A small but vocal group of parents fights school mask mandate
In August, the governor announced the mask mandate for schoolchildren, prompting a series of heated school district board meetings featuring passionate speeches from parents saying they should have the choice of whether to mask their children or not.
Some meetings, like in Cape Henlopen, were not able to finish because attendees opposing the mandate, many of whom were carrying signs, became unruly. The Indian River School District board issued a no-confidence vote in the governor’s mandate, though had no impact since the statewide mask policy took the decision out of the hands of local districts.
Delaware continues to have one of the lowest pediatric vaccination rates in the Northeast, specifically among younger children.
Many parents do not want their children vaccinated, citing the newness of the vaccine and the chance of unknown long-term health consequences.
Contact Yusra Asif at yqureshi@gannett.com.
