SAN DIEGO — A San Diego County judge on Friday dismissed a lawsuit that challenged California's school mask mandate, saying that Gov. Gavin Newsom has the legal authority to enforce universal masking.
Judge Cynthia Freeland dismissed the lawsuit filed by Let Them Breathe, a group that has led opposition efforts against mandatory COVID-19 precautions in schools across the state.
In July Let Them Breathe sued state leaders to overturn the mask mandate, as well as state guidelines that call for COVID testing at schools and quarantines when students come into contact with someone who tests positive for COVID.
The group has argued that masks hurt children's social, mental and physical health and that masks should be a choice for families, not a requirement.
California currently requires all students to wear masks indoors in K-12 schools, regardless of vaccination status. Staff members also must wear masks indoors when working with students. People can take off masks when outdoors, and modifications or exceptions can be made on a case-by-case basis for people with medical conditions.
State leaders have said they require masks in schools because studies show that masks are highly effective in reducing the spread of COVID, and masks keep schools safe enough for all students to attend school in-person.
In her ruling released Friday, Freeland said Newsom was acting under his emergency authority in enforcing the mask mandate. She added that the state's guidelines for testing and quarantine are only recommendations, not requirements.
Let Them Breathe had argued that the recommendations were de facto mandates because some school districts were worried about punishment from the state if they did not follow them.
A spokesperson for Newsom said he is pleased with the judge's decision.
"California's school guidance is firmly grounded in science, and it's been a critical component of the state's nation-leading strategy to prevent school outbreaks and keep kids safe," spokesperson Alex Stack said in a statement. "We remain focused on supporting schools to continue serving their students in-person and will continue to defend these common-sense measures to keep students safe."
Sharon McKeeman, a Carlsbad parent who founded Let Them Breathe, said her group's takeaway from Freeland's ruling is that COVID quarantines, testing and enforcement of the mask mandate are still left up to school districts to decide.
Even though the lawsuit was tossed, McKeeman pointed out, Freeland said school districts don't have to exclude kids who don't wear masks. The state has left it up to districts to decide how to handle each case.
"There's nothing from the state saying that they have to keep kids from their in-person education when they un-mask, which boils down to what we've been saying all along," McKeeman said. "Students have a right to in-person education, and they can't be excluded from that just for peacefully unmasking."
The lawsuit named as defendants Newsom, California Health and Human Services Secretary Dr. Mark Ghaly, state Public Health Officer Tomás Aragón and Dr. Naomi Bardach, the state's Safe Schools for All team lead.
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