OSMA Doctors File Lawsuit Against State, Gov. Stitt Over Law Banning Mask Mandates In Schools

Some parents and the Oklahoma State Medical Association filed a lawsuit against Governor Kevin Stitt and state lawmakers over the state law that says schools cannot require students to make wear a mask. 

Those who voted for the law say the ultimate decision about wearing a mask, should be up to parents, not districts. 

Attorney Chad Taylor said the lawsuit is asking schools to have the option to enforce mask mandates. 

"Not every school may need to do so, but the ones who need it, where socially distancing is difficult," he said. 

Representative Kevin West wrote the bill for the House and said he understands the concerns in the lawsuit, but ultimately believes it should be up to each parent to decide if their child has to wear a mask. 

"There's been a lot of talk about local control, that we are overstepping into local control, but parents are the are the most local control," West said. 

West said if the number of cases in a specific area get high enough, the governor could declare an emergency order, giving the schools an opportunity to have a mandate. 

"He can do that statewide, he can do that similar to when we have tornadoes or fires of floods, he can do it by county, a lot of different options there," West said. 

Taylor said the group behind the lawsuit believes masks can help keep children safe and they want to help stop any potential rise in cases.

"We’ve got to keep doing it and see if we can put a dent in what we can see ahead of us which is a potential surge in school opening covid numbers," Taylor said. 

The Governor's Office said they do not comment on pending litigation. 

A hearing is set for August 18th. 

The Oklahoma State Medical Association President Mary Clarke, M.D., issued a statement regarding the lawsuit:

“The Oklahoma State Medical Association is committed to better health for Oklahoma. It’s even written into our mission statement. With this in mind, we are glad to sign on to the lawsuit to vacate SB 658 and any action that prevents Oklahoma schools from enacting policies that could keep their students, teachers and staff safe and healthy.

The science stands firmly behind vaccinations and masking as important tools in stopping the spread of COVID-19. As we are experiencing record numbers of children infected by the Delta variant and hospitals are stretched to capacity, we must do everything we can to keep Oklahoma’s children safe.

This is not a political stance; it is about public health and common sense. If schools can send students home for a lice infection, they should have the latitude and ability to issue a mask mandate.”

The Oklahoma House minority leader Emily Virgin (D-Norman) issued a statement in support of the lawsuit Thursday afternoon.

“It is shameful that parents have to sue the Governor and the Legislature to keep their children safe. 

“We have reached a point in this pandemic where some elected leaders are choosing political talking points over sensible responses that will save lives.

“I applaud the petitioners of this case, and I hope that it will help state leaders realize the severity of this situation.”