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Judge Upholds Mask Requirement in Connecticut Schools

The decision by Superior Court Judge Thomas Moukawsher in Hartford upheld Gov. Ned Lamont’s coronavirus-related emergency orders that granted the state Department of Education authority to require masks. Moukawsher cited decisions made earlier this year by the legislature and by the state Supreme Court upholding the governor’s right under the state constitution to issue emergency orders in response to COVID-19. The ruling came in a lawsuit filed in August by the CT Freedom Alliance and several parents and their children that challenged the mask requirement. Brian Festa, co-founder of the CT Freedom Alliance, said his group is planning to appeal the ruling to the state Supreme Court.

Judge upholds CT mask requirement for school children

A Hartford judge has ruled in favor of Gov. Ned Lamont in the legal battle over the constitutionality of his requirement that children wear masks in school. Citing a recent state Supreme Court decision and the General Assembly’s vote earlier this month to expand the governor’s emergency powers, Superior Court Judge Thomas Moukawsher said in his Monday ruling that the court will grant the defendants this final decision “not merely because the lawsuit is moot but because the actions of the executive have been ratified as correct by both the co-equal branches of government.” The legal battle started last August when CT Freedom Alliance, with four Connecticut families as co-plaintiffs, filed a lawsuit arguing that requiring children to wear masks in school is not only a health risk but that the Department of Education violated state law by improperly implementing the regulation.

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