Coalition of parents, teachers want to overturn the ban of mask mandates in schools

A coalition of Arizona residents, teachers, parents, and non-profit organizations is fighting against the ban on mask mandates in Arizona’s public schools. 

A complaint for declaratory and injunctive relief has been filed as an attempt to prevent the ban on mask mandates in public schools, which is scheduled to go into effect on September 29. 

The law passed by Arizona Governor Doug Ducey on July 15 prohibits public school districts within the state from mandating masks. The coalition of educators and organizations filing the complaint believes that this new law is unconstitutional and impedes on the rights of teachers and students within these schools.   

The primary goal of the coalition is to deem the law legally unconstitutional, while spreading awareness for what they believe is a lack of concern for the safety and rights of school children across the state. 

The coalition argues that one of the biggest issues with the law is that it only affects charter and public school districts. This means that the law does not apply to private schools. Therefore, the law itself is being argued as discriminatory because it only allows private school individuals, according to the lawsuit, the “right to a safe education, a fundamental right under Arizona law.” 

Additionally, the coalition feels that it must take action against because community members feel they are no longer able to protect themselves and their children from COVID-19.

In their lawsuit, they write that their schools “cannot impose reasonable COVID-19 mitigation measures students and teachers will get sick, and some may die.” 

The law that the coalition is working to overturn also prohibits public colleges and universities from requiring the COVID-19 vaccine for students. University students are able to attend school, regardless of vaccination status, and are not required to reveal their vaccination status.

Arizona State University professor Richard Newhauser is one of the plaintiffs listed on the complaint for declaratory and injunctive relief. Due to his status as an educator, Newhauser believes that he has a unique perspective when it comes to the effects of mask mandates within schools. 

In addition to being an educator, Newhauser belongs to two groups that are at higher risk as a result of the pandemic: He is older than 65 and he has underlying medical conditions. These factors, along with his concern for his fellow peers, friends, staff and students, persuaded Newhauser to get involved in the lawsuit. 

Joining the coalition lawsuit allowed Newhauser the opportunity to spread awareness regarding this new law and why he believes it is unconstitutional. 

“We have the right, in many ways, or duty to stand up using our constitutional rights to stop the unhealthy practices of radical leadership in the state of Arizona and across the United States,” Newhauser said. 

In contrast, Arizona mother and small business owner, Alysia Smalling, a supporter of Governor Ducey’s law, created a petition on Change.org urging individuals to “make masks optional not required in schools.” 

Smalling is a member of an organization known as the Moms for Liberty Maricopa County, a group that works to uphold parental rights in all levels of government. 

Smalling expressed extreme frustration with Arizona public school districts, as she believes that “mask-wearing is a choice.” 

“The educators should not be fighting this because the students’ health decisions are to be made by the parents,” Smalling says. “These mandates violate parents’ rights as it states in the Parental Rights Handbook.” 

The lawsuit will be heading to a court on an unknown date.

If the law is found unconstitutional, public schools in Arizona will be legally able to enforce mask mandates.

Contact the reporter at cgilmor7@asu.edu.