On Friday, 25 Garden State families filed an application before the Appellate Division challenging Phil Murphy’s Executive Order 251 mandating in-school masking.
The suit challenges the constitutionality of the executive order on multiple grounds, alleging violations of the Disaster Control Act, substantive due proces rights, the First Amendment and the Equal Protection Clause.
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“It’s time to return to normal routines without these burdens on our children,” said attorney Keri Avellini Donahue who represents the families. “The response to the pandemic placed all of the burdens on the kids- it’s time to let them to be normal kids again. The goal is to get the children back in school under pre-pandemic conditions with kids socializing and receiving the best education available. That is the best possible outcome of this effort.”
“Children are not wearing masks in any other venue in the State including restaurants, stores, and stadiums,” added Gwyneth Murray-Nolan of Cranford, one of the suit’s participating parents. “Parents should be the only authority to make decisions and determinations on the best interests of their own children.”
The non-profit Jersey 1st helped organize the legal challenge.
“When a frustrated group of parents reached out to Jersey 1st, we were happy to help with their efforts,” said Jersey 1st’s President and Founder Rosemary Becchi. “The Governor overlooked the rights of parents when he signed this Executive Order, and we believe that ultimately parents know how to care for their children better than the government. What is most unfortunate is that the children seem to be the last priority and we want to change that narrative.”
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