Parent Questions SCSD Mask Requirements # 2

GREEN RIVER – A Green River resident and parent of children attending schools in Sweetwater County School District # 2 (SCSD # 2) called on the board to “take a stand” against the use of masks in schools at the Tuesday night school board meeting.

Charles Hafner addressed the council on Tuesday evening, wondering why students are still required to wear masks when the statewide mask mandate expired. The state-wide mask mandate ended in March, however, health ordinances still require the use of masks in schools when social distancing cannot be maintained.

“I don’t know why we still make our children wear masks,” Hafner said.

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Depending on the state, exemptions from this health ordinance may be claimed if the county in which the school district resides is considered a “green zone” county according to the White House Coronavirus Task Force. This means that the county must have “low” transmission levels.

the 14-day transmission indicators report from April 21 to May 4 said Sweetwater County has moderate to high levels of transmission, according to the task force.

However, Hafner claimed that the masks are not healthy for children, and especially children with certain disabilities or medical conditions. He also said the school district is bound by several laws and statutes that require it to provide services to the public, parents and children, without “discrimination” or “unfair treatment.”

“SCSD # 2 serves the public and therefore must comply with all federal and state laws. No policy replaces the law. No governor’s order, health order, emergency or pandemic supersedes our constitutionally protected rights. SCSD No. 2 is a public school system open to the public, and parents and children are the public, ”said Hafner.

Hafner cited the Americans with Disabilities Act, the Civil Rights Act of 1964, several Acts of the Code of Federal Regulations, and the Health Insurance Portability and Accountability Act, saying they all serve as different fixings and protections for the public when he is required to wear masks. schools.

“SCSD # 2 cannot legally deny my children public education so as not to wear masks. Federal law CFR § 36.202 prohibits refusal of participation. You cannot exclude them from the same treatment and the same right to public education as others. Denying them or requiring them to be restricted to the home or receive an education is a violation of Titles 2, 3 and 7 of the Civil Rights Act 1964, which basically states that my children must not be denied participation. and equal access like everyone with or without a disability or medical condition. The law prohibits serving them separately or differently or illegally, ”he said.

“The Americans with Disabilities Act (ADA) prohibits discrimination based on a disability or medical condition. Title 3 states that public premises must comply with basic non-discrimination requirements which prohibit exclusion, discrimination and unequal treatment, ”Hafner said.

“HIPAA privacy laws state that they are there to protect the privacy of health information and that we are not legally obligated to disclose our children’s disabilities or medical conditions,” he continued.

Hafner said his children are exempt from wearing masks in public because the masks pose a risk to their health.

“My children are exempt from any order or warrant requiring the use of the mask in public. Wearing masks poses a risk to their health. Under ADA, HIPPA, First and Fourth Amendments, they are not required to disclose their medical conditions to you. It is a violation to force me to disclose their health information to you, ”Hafner said.

He said the penalties for violating these laws and acts are “heavy”, including fines ranging from $ 75,000 to $ 150,000.

Hafner: elected officials should stand up against “medical tyanny”

Hafner said elected officials from the school board should represent the people who elected them. He said that means they should oppose the “medical tyranny” of mask requirements.

“This is America, a nation under God, free and sovereign. It is not Communist China. I remind elected officials that they are officials who, if I am not mistaken, have taken an oath. I ask all the elected representatives here present to represent the people who elected you by taking a stand and denouncing this medical tyranny which our community has been facing for too long, ”he declared.

He went on to say that if they don’t “stand up for the right of our children to breathe fresh air” then the community will elect new leaders.

In comments from board members, administrator David Young stressed that no activity should be canceled within SCSD # 2 due to illness.

“There’s probably 5 percent of school districts, probably less than that, who can say that … I know it’s uncomfortable and none of us like wearing these things, but you did,” said Young.

He thanked the district staff for their efforts to keep the schools and activities going this school year.

According to President Steve Core, no masks will be required during the Green River High School graduation ceremony, which will take place at Wolves Stadium. He said that the Expedition Academy High School will have some requirements.

The last day of school at SCSD # 2 is May 21, with graduation taking place on May 18.

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