Fight continues for children to take off their masks

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Save Our Schools, or SOS, is a grassroots organization intent on bringing transparency to parents and taxpayers across the town, county, state and country. The organization says they work to protect children by providing resources that ensure each child has an effective, quality education. SOS deems themselves a “tax-payer allegiance that works to secure the liberties of fair representation with a focus on proving accountability for those in charge of hard earned tax-payer dollars.”

During public comment at the last meeting of the Town of Oyster Bay Board on Nov. 16, trustees heard from Gina Weinberg, who said the town should not go along with the state regulation that all students must wear masks in the classroom.

Weinberg, from Oyster Bay, is one of two founders of Oyster Bay-East Norwich Parents for Choice, which is a part of SOS. Along with co-founder and fellow resident Barbara Curry, Weinberg is a strong advocate for the removal of Covid-era precautions like mandatory masking and vaccination, especially in schools.

“We are asking you as a legislative body to uphold your oath to the Constitution, which is the supreme law of the land, and declare the Town of Oyster Bay a constitutional sanctuary and show your constituents you are willing to stand up and fight for the rights of all of those you represent in the communities under your jurisdiction,” Weinberg said.

The state, on Aug. 18, had given school districts discretion over mask regulations, but after Hochul succeeded former Gov. Andrew Cuomo, she reversed course and directed the state’s Department of Health to mandate masks in all schools, public or private.

Many Oyster Bay parents, like Weinberg, believe the state mask mandates put in place this school-year, and the more recent vaccine mandate being considered for school children, not only violate school codes, but also impede on constitutionally protected rights.

“Get rid of the mandates completely and leave it up to parents to make the decision for their children,” Kenneth Brown, of Bethpage said on Facebook. “I think others feel the same way and are tired of this.”

On Sept. 13, a group of parents sent a letter to the Board of Education informing them of a lawsuit filed by the Massapequa and Locust Valley boards of education regarding their constitutional rights. The legal counsels of those two schools have offered a free consultation to Long Island school boards about their educational rights. Many people in town feel the Oyster Bay-Each Norwich Board of Education should stand up for the community’s children against these mandates.

There are consequences to not following the directives, as state Commissioner of Education Betty Rosa warned in a letter to the Locust Valley School Board. “School officers take an oath to obey all legal requirements, not just those which they deem expedient,” Rosa said. “If the law is not followed, it could result in removal from board positions and a withholding of state aid.”

Hochul said several times in recent days that it's too soon to lift the mandates. She is taking a  wait and see approach to see how many families will have their children vaccinated now that children ages 5 to 11 are eligible to receive the vaccine.

Some parents from the community and across the remainder of Long Island, have long been vocal about their belief in the unconstitutionality of Covid-era regulations and mandates since the start of the pandemic.

“Aside from the political debate about mask wearing, there are several federal and state constitutional issues in play involving the separation of powers between the federal government and the states,” Scott Bomboy wrote for the National Constitution Center. “Power sharing within a state, under its own constitution, between state legislatures, the chief executive and local government agencies such as school boards is unethical.”

The National Constitution Center in Philadelphia exists to bring together people of all ages and perspectives across America and around the world, to learn about, debate, and celebrate the U.S. Constitution. It is America’s leading platform for constitutional education and debate.

“It’s absolutely unethical for the government to take our choice away,” Pamela Jensen, of Bayville said on Facebook.

A federal mask mandate can be ordered under the federal government’s jurisdiction. While no specific federal law exists about mask mandates, public health laws empower the executive branch to make rules to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the states or from one state into another. Congress also has powers under the Spending Clause and Commerce Clause to influence state mask mandates by providing financial incentives or regulating some interstate business activities.

“There are no logical explanations for this vaccine, and mandating people is a violation of our rights,” Jensen said. “If vaccinations stop the spread, how and why are vaccinated people getting [Covid] again, and booster shots — does that mean the vaccine isn’t working? I always need facts and common sense to sell me on anything, and I can’t make sense of any of this. It’s very frustrating.”

While a large number of North Shore residents are still holding out hope for the removal of Covid masks and vaccine mandates, others are feeling frustrated by their neighbor’s lack of action in defending themselves and the community against the deadly virus.

“Most people around the world would die for that vaccine,” Peter TenHaasgen, a former resident of Glen Head said. “It's embarrassing how much resistance there is to protecting our country from this ravage. Shame on all of you who won't take the shot.”

“The pandemic is not fake news,” Jim Jones of Bethpage, said. “If people simply remembered that with rights, come responsibilities, then we would all make ourselves available to getting these vaccines that were produced in record time.”