FRANKLIN SQUARE, N.Y. (WCBS 880) — A federal judge has denied a Long Island mother’s request that her child be allowed to attend school without a face covering.
According to a Newsday report, the judge denied the Franklin Square mother’s request, saying the “Court concludes that the Mask Mandate does not impinge upon any fundamental right.”
An attorney for the mother, identified only as “Jane Doe” in court papers, previously told WCBS 880 that the child wore a mask on her first day of school, but was later granted a medical exemption.
“This is a little girl who has pretty serious asthma, she's been in the emergency room several times with her asthma and the masks just don't work for her with her physical condition,” attorney Sujata Gibson said. “And she also suffers from anxiety and so being unable to breathe really triggers that.”
According to Newsday, a pediatrician certified to the court that it was unsafe for the child to wear a mask all day at school and provided a medical exemption, which the Franklin Square school district rejected.
The mask mandate for schools was issued by Gov. Kathy Hochul shortly after she took office on Aug. 24. The order states all students, teachers and staff must wear face masks while inside a school building.
However, guidance from the state health department does note that people with “medical or developmental conditions” may be exempt from the mandate with valid documentation.
Still, in his ruling, Brooklyn federal Judge Frederic Block wrote that the mandate is a matter of public health, according to Newsday.
“The state must weigh the health concerns of an individual against the threat to the health of everyone else present in the classroom or other public place. A personal physician is ill-equipped to balance those competing concerns,” Block wrote.
According to Newsday, Block added that “no one is forcing [the mother] to send her child to public school or to live in New York State, but once she made those decisions, she must comply with their rules. Her authority stops, so to speak, at the schoolhouse door.”