In an attempt to end the state mask mandate for public schools 35 parents and guardians across Rhode Island have signed onto a lawsuit against Gov. Dan McKee, in his official capacity as Governor, and Rhode Island Department of Health Director Dr. Nicole Alexander-Scottt, in her official role. 

Maddalena Cirignotta, a plaintiff in the case, explained that the lawsuit began with a group of parents from Gloucester who were frustrated with the state imposing a universal mask mandate in schools, without parents input. 

When they realized how much interest there was from the community they decided to allow others across state to join the lawsuit, according to Cirignotta. She said that the plaintiffs represent 35 out of the 39 school districts in Rhode Island. 

Cirignotta said that they felt that the process that McKee followed to implement a statewide mask mandate for schools wasn’t proper. 

“The goal of the lawsuit is to overturn the executive order which was done in an unlawful manner. The governor should have included the legislative process. The legislatures should’ve handed over power to him, executive power which simply didn’t happen.”

One Warwick parent who is a plaintiff in the lawsuit is Susan Graham. 

“Last year my children were very depressed and my son developed an overeating issue to cope with depression from lack of socialization and the cruelty of rules promoted by masking and not allowing children to talk even during lunch time,” said Graham, in the complaint. “He told me several times students would get in trouble if caught talking (it happened to him) and even this year he was very nervous about possibly being isolated if he took his mask down to breathe as this is what happened last year. He was put in a room with no one else.”

Graham said that her son attends middle school in Warwick, but declined to identify which one. 

“My daughter had such anxiety from the masks and how they were affecting teachers and students she would come home from high school stressed and crying for hours. High school teachers once kind were segregating, and telling students they weren't allowed to speak,” Graham stated in the lawsuit. “My daughter was not able to make one friend and felt no one was listening when she spoke. Kids were quiet and depressed at school with no/little eye contact with one another. This greatly affected my daughter giving me no choice but to homeschool her this year. I am very concerned for my children's physical, emotional and social well- being including schooling. My daughter was accepted into the N.K.H.S. business and finance college credit program doing very well and now had to drop out to homeschool because of the masks.”

Another Warwick resident Amy Miller, who is also a plaintiff, said, “I have two children, a freshman and a junior, that attend Ponaganset High School, they are out of district students (we live in Warwick). My freshman has allergy induced asthma, this is actually the worst time of year for him, and wearing a mask for six and a half hours while at school and two hours for the bus ride (one hour to school and one hour home) is detrimental to his health. Although my junior does not yet have any diagnosed health issues, it is absolute insanity for her or any kids for that matter to be masked for eight and a half hours a day, one third of their day is spent breathing in their own carbon dioxide.”

According to Cirignotta the preliminary hearing in the case continues this week and the plaintiffs have filed an injunction in the case, in hopes that the state mask mandate will be temporarily on hold pending the outcome of the trial. 

A spokesperson for McKee and the Department of Health both said that their offices don’t comment on pending litigation.