Hockessin attorney files suit over mask extension in schools

By Mike Finney
Posted 2/16/22

WILMINGTON — Attorney Janice Lorrah of Hockessin, the mother of a 6-year-old daughter, has filed a lawsuit in Chancery Court against Gov. John Carney, claiming that his unilateral extension of the school masking mandate violates state statutes and due process.

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Hockessin attorney files suit over mask extension in schools

Posted

WILMINGTON — Attorney Janice Lorrah of Hockessin, the mother of a 6-year-old daughter, has filed a lawsuit in Chancery Court against Gov. John Carney, claiming that his unilateral extension of the school masking mandate violates state statutes and due process.

Ms. Lorrah listed the plaintiffs as herself and her minor child.

Her primary focus is on Gov. Carney’s extension of mask mandates in Delaware’s schools.

“From lockdowns to travel bans, the global coronavirus pandemic has led to an unprecedented assault upon civil liberties even among the most developed democracies,” Ms. Lorrah wrote in her lawsuit.

“Such unchecked restrictions have led to the normalization of emergency powers and accustomed citizens to extraordinary extensions of state power over large areas of their public and personal life.”

Gov. Carney announced last week that masking for the general public would end Feb. 11.
However, he said staff and children in public and private schools would have to continue to wear face coverings through March 31.

Gov. Carney added that the temporary extension would give parents time to get their school-age children vaccinated before the expiration of the school requirement.

He said the March 31 date would also allow districts and schools time to consider local mask requirements and give the Division of Public Health and the Department of Education time to work on updates to quarantine and contact-tracing guidance.

Gov. Carney offered caution, even as the omicron surge of COVID-19 has begun to ease.

“We’re in a much better place than we were several weeks ago in the middle of the omicron surge of COVID-19 cases and hospitalizations,” Gov. Carney said last week. “I want to be clear about this point — COVID is still circulating in our communities. And the virus still poses a risk of serious illness, particularly among those who are not up to date on their vaccinations.

“But we have the tools to keep ourselves and each other safe. Get vaccinated. Get your booster. That’s especially important for children, where we continue to see low rates of vaccination. For all the parents out there — the best way to keep your child in school learning, and to prevent them from getting sick, is to get them vaccinated. It’s that simple.”

Ms. Lorrah said her complaints aren’t necessarily about her opinions on masking children but about the letter of the law.

“This is not about whether masking is good or bad or whether masks are even effective,” she said. “It is about following the rule of law.”

In August 2021, DOE and the Department of Health and Social Services issued emergency regulations requiring masks in all Delaware schools, in an effort to keep children and staff safe as they returned to full-time, in-person instruction.

Ms. Lorrah said that, because the regulations were issued on an emergency basis, under the Administrative Procedure Act, they could only last 180 days, or until Feb. 8, 2022.

She argues that Gov. Carney’s order is an attempt to end run the limits of APA.

She said her lawsuit is an effort to prevent abuses of power from occurring during unforeseen events such as the pandemic.

“Someone asked me if I was afraid that my daughter would get COVID,” Ms. Lorrah said. “I’m more afraid of my daughter growing up in a society where due process is ignored.”

As of late Wednesday afternoon, a spokesperson for Gov. Carney had not replied to a request for comment.

The case is scheduled to be heard on an expedited basis, as Vice Chancellor Paul A. Fioravanti Jr. set an in-person hearing on the preliminary injunction Feb. 28 at 9:15 a.m.

The hearing at the Leonard L. Williams Justice Center in Wilmington will be open to the public.

Ms. Lorrah’s court filing came on the same day that 12 Republican members of Delaware’s House of Representatives called on Gov. Carney to promptly end all pandemic-related restrictions, saying clear evidence shows that the omicron variant wave peaked in the state last month.

“Nearly two years after we jointly began this ordeal, we have enough reliable information to chart a path forward,” the legislators stated in a letter sent to the governor. “We respectfully ask you to objectively assess our situation and urge you to promptly end all pandemic-related restrictions, return all state workers to their normal places of employment, and restore normality for all Delaware citizens.”

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