February 18, 2022
PRESS RELEASE
Masks cause more harm than good; restraining order against NCSU school mask mandate filed in Orleans Court
Lawsuit Filed In Orleans County to Stop Facial Masking of Children at School
A complaint was filed February 18, 2022 Vermont Superior Court against North Country Supervisory Union (NCSU) in Orleans County concerning their policies requiring students to wear face masks at school. Plaintiffs have additionally asked the Court for a temporary restraining order and a preliminary injunction which is scheduled for a court hearing in April. The complaint was filed by Michael Desautels and Amy Ladeau for themselves and their child, who is a student in the district, Health Choice Vermont and Children’s Health Defense. It is signed by Robert F. Kennedy, Jr., founder and chairman of Children’s Health Defense.
The complaint alleges that supervisory unions lack the authority to issue mask mandates, and requests the court void any attempt by them to declare, extend, or reinstate mask mandates in schools in future years. It alleges that supervisory unions have limited authority in general. In regards to disease prevention, they are obliged to “keep school buildings and grounds in good repair, safe, and sanitary,” keep records of student immunizations and report communicable diseases to the Department of Health. “Nothing else in any of the statutory and regulatory schemes for supervisory unions, school districts, or the Department of Health provides supervisory unions and school districts with the authority to issue broad health measures.”
In the specific situation cited in the complaint, a student at Lowell Graded School was denied a face mask exemption, despite providing a doctor’s note from the family’s medical provider and guidance from the Agency of Education allowing for mask exemptions. In the process of enforcing their mask policy, the supervisory union isolated the student from their teachers and peers, provided limited educational instruction, threatened to report the parents to a number of state authorities, and barred the student from the school building altogether. On the Lowell Graded School website(ncsuvt.org)it states: “The mission of Lowell Graded School is to provide a safe, challenging, and engaging learning environment that promotes achievement and is tailored to individual student needs.” NCSU has steered far from this mission as it relates to the treatment of this young student. NCSU’s mask policy requires everyone inside the building to wear a mask. Exemptions “may” be requested, but must go through a “formal process” which includes the student’s medical provider and the school. Face shields are allowed for adults in certain circumstances, and exemptions are given for situations where a person is hearing impaired, and is considered “developmentally appropriate” for children of all ages as long as the child “can properly put on, take off and not touch or suck on the covering.”
This case asks the court to consider the evidence that face masks have not been effective in stopping the spread of COVID-19. It presents evidence that cloth and surgical masks used in community settings never were intended to prevent aerosol particles and have had no effect on the spread of the virus in schools and community settings; in fact, they may be increasing the spread due to increased risk of contamination. Indeed, Vermont’s statewide mask mandate did nothing to curb the spread of COVID-19 cases in the state, as the number of cases spiked in the fall of 2020 after the mandate went into effect in April 2020.
Furthermore, the complaint references the State of Vermont Health Dashboard which reports of the 574 total deaths in Vermont,there are zero deaths in the 0-19 demographic, one death in the 20-29 demographic and 65 deaths under the age of 60. The remaining deaths (509 over the age of 60), comprise over 88% of the total deaths in the state, and over 50% of the remaining deaths (291), occurred in people over the age of 80. The Vermont Department of Health statistics clearly show Covid-19 has little risk for Vermont youth. On the other hand mental health concerns in youth has raised much alarm in Vermont and the rest of the country.
The case argues that NCSU knew that masks do not stop the spread of COVID-19, and have a negative impact on children’s health in a number of ways. Plaintiffs cite the fact that wearing a mask makes it difficult to breathe, and therefore threatens students’ respiratory health. Masks restrict the exchange of oxygen and carbon dioxide, and causes the wearer to inhale particles the body is trying to get rid of.
Masks create a moist environment on the skin, encouraging the growth of bacteria. Symptoms experienced by children include skin irritation, anxiety and stress, as well as light-headedness, difficulty concentrating, and headaches, which are known symptoms of oxygen deprivation and carbon dioxide poisoning. Masks are distracting and also make it difficult to communicate, an important skill children are developing in school.
The policy requiring masks at school also threatens a parent’s right to make medical decisions for their children. The wearing of a mask “is a form of medical intervention and treatment that should be decided by the child’s parents, not a school or school official with absolutely no training or expertise in the medical field.” This court case is incredibly important for all Vermont parents, since it seeks to defend a parent’s fundamental right to direct the care and upbringing of their children, as protected under the Fourteenth Amendment to the U.S. Constitution.
The argument concludes with a comparison from the American Pediatric Academy and Children’s Hospital Association report which shows that the number or case rates in the U.S. were not impacted by statewide mask mandate, or by whether states chose to have schools use remote learning, in person with masks, or in person without masks.
Health Choice Vermont is a 501(c)(4) non-profit organization, dedicated to preserving health choice and informed consent for parents and all Vermonters.
Children’s Health Defense is a 501(c)(3) non-profit organization, on a mission to end childhood health epidemics by working aggressively to eliminate harmful exposures, to hold those responsible accountable, and to establish safeguards to prevent future harm.