No Masks On Kids Without Parental Consent, NJ Senator Argues
NEW JERSEY — Edward Durr, the brand-new Republican state Senator from South Jersey who last year famously beat ex-Senate President Steve Sweeney, introduced a bill this week that challenges Gov. Murphy's school mask mandate.
Durr's bill would require schools in New Jersey obtain approval from parents before mandating that children use “medical devices” such as masks.
As The Food & Drug Administration technically classifies masks as medical devices, Durr argues that no minor child should be forced to wear one without the informed consent of a parent or guardian — similar to the way no child could get a vaccine or any other medical treatment without a parent's consent.
If Durr's bill passed, it would effectively make masks optional in schools throughout New Jersey.
It remains to be seen how many lawmakers will sign onto Durr's bill, or if such a proposal would even have any authority (once a New Jersey governor declares a state of emergency, he or she is able to unilaterally issue emergency executive orders such as mask mandates without agreement from the state Legislature, or the public).
When the pandemic started, Gov. Murphy declared a state of emergency and has continually renewed it multiple times. Under it, he has issued dozens of executive orders. Some of his most controversial have been the indoor mask mandate; an order forbidding landlords from evicting tenants who could not pay rent and the K-12 school mask mandate. Nearly all of his orders have since been lifted; only the school mask mandate remains.
The school mask mandate was going to expire Jan. 11, but Murphy issued a new state of emergency that very same day, citing the high omicron caseload. By declaring a new state of emergency, he was allowed to extent the school mask requirement.
“For nearly two years, New Jersey schools have been subject to the Governor’s dictatorial-style masking orders that blatantly ignore the legislative process and, by extension, the will of the people," said Sen. Durr. "This is why now, more than ever before, we need to give parents a greater voice in determining the policies that affect the lives of their children. It’s time to rein in the governor and restore power to the elected representatives in the Legislature, as intended by our constitution.”
A spokesman for New Jersey Senate Republicans said Durr's bill would supersede an executive order issued by the governor.
Fellow Republican state Senator Declan O'Scanlon, who represents Monmouth County, said Friday he is not sure how effective Durr's bill would be, but he is "taking a look" at it.
"I don't think the bill is unreasonable," said O'Scanlon. "He contends a mask is a medical instrument and he believes that parents should have a say."
"There are a lot of parents — Democrat parents at this point — who realize the cloth masks that 90 percent of New Jersey students wear are probably useless at best," said O'Scanlon. "We see neighboring school districts that require masks, and don't require masks, and there are no differences in COVID rates."
On Jan. 20, Murphy said he thinks there is "a real shot" he will drop NJ's school mask mandate before the school year ends in June. Read more: NJ School Mask Mandate Could Be Dropped Before June: Murphy
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This article originally appeared on the Middletown Patch
