The American Civil Liberties Union, representing disability rights groups and parents of children with disabilities, filed a federal lawsuit Tuesday over a South Carolina law that bans school districts from requiring face masks, arguing the ban excludes vulnerable students from public schools. The plaintiffs allege that the ban on mask mandates disproportionately affects students with underlying health conditions or disabilities, who are at risk of becoming seriously ill if they contract COVID-19.
The American Civil Liberties Union, representing disability rights groups and parents of children with disabilities, filed a federal lawsuit Tuesday over a South Carolina law that bans school districts from requiring face masks, arguing the ban excludes vulnerable students from public schools.
The ban on mask mandates is in violation of the Americans with Disabilities Act and the Rehabilitation Act, the plaintiffs allege in the lawsuit. Offering students with disabilities or medical conditions a remote option is not a good alternative, Mizner said. Limiting medically fragile students and those with disabilities to a remote-only education denies them equal opportunity, she said.
Samantha Boevers, another plaintiff, has a child in elementary school with autism spectrum disorder, making it hard for her son to adhere to COVID-19 mitigation measures such as handwashing and social distancing. The family's pediatrician advised them to send their son back to in-person learning only in a fully masked environment, according to the lawsuit.“I think it’s totally inaccurate," he said of the lawsuit.
Critics of deferring to individual parent choice on face coverings say that letting some people in school buildings unmasked endangers those around them. McMaster has urged South Carolinians to get vaccinated from COVID-19, though children under the age of 12 are not yet eligible.possible legal action
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