×
×
homepage logo
LOGIN
SUBSCRIBE

Area schools stay open during heatwave; mask lawsuits filed

By George Pelletier - Milford Bureau Chief | Jun 11, 2021

HOLLIS – Milford and Hollis-Brookline schools remained open earlier this week despite the 90-plus degree heat, while parents expressed their frustrations, especially where masks are still mandated.

The latter has resulted in two lawsuits filed by Attorney Robert M. Fojo – one against the Hollis-Brookline school district, the other against the Bedford school district.

Regarding Hollis-Brookline schools being open on Monday June 7, one HB parent wrote: “Amherst school district (in school all year like us), is giving parents a choice on masks in school starting tomorrow [June 7]. Why not SAU 41? It’s gonna be 100 degrees tomorrow and cases have dropped 95 percent since January. What science is Amherst following that SAU 41 is not?”

Around the state, Manchester, the largest school district in New Hampshire, led the charge by closing its schools during Monday’s oppressive heat. Manchester school superintendent said that building temperatures on Sunday were between 80 degrees and the high 90s – and that was with no staff or students in the classrooms.

Concord schools held early release days on Monday and Tuesday of this week The district has an air quality exchange system in its buildings, which officials said would just blow in hot air.

And on Monday, the state of New Hampshire issued an air quality and heat alert for Rockingham and Hillsborough counties.

State officials called for an “Air Quality Action Day,” warning residents to protect their health by limiting “prolonged outdoor exertion. Adults and children with sensitivity issues such as lung diseases like asthma, emphysema and bronchitis should take precautions.

Ground-level ozone, the main component of smog, is expected to rise to levels that are unhealthy. Moderate levels of fine particle pollution were also expected statewide this week.

Meanwhile, two lawsuits challenging two New Hampshire school districts’ requirements that students wear face masks while in school, riding the bus, or participating in extracurricular activities.

The lawsuits — one was filed against the Hollis/Brookline School district and the other against Bedford – were filed on behalf of several parents and their children residing in Hollis and Brookline, and Bedford, respectively, and challenge each school district’s requirement that students wear face masks or coverings while in school, riding the bus, or participating in extracurricular activities because they violate a New Hampshire statute (RSA 126-U:4) that prohibits schools from requiring restraints on children that restrict their breathing (including any restraint that involves covering the face or body with anything) or that restrict the normal function of a portion of their bodies.

“When parents discovered that this statute existed that prevents any restraints being placed on children by schools that restrict their breathing, they became alarmed,” Fojo said. “If you add to that, the fact that we’ve had some very, very hot days in the last couple of weeks and in particular, earlier this week the two-day stretch on June 7 and 8, parents are very concerned that their kids have to wear masks in buildings with poor air conditioning or none at all.”

Each lawsuit alleges that requiring children to wear face masks or coverings contradicts one or more of the prohibitions contained in RSA 126-U:4. Wearing a mask requires a child to cover his or her face with certain material (whether a surgical mask or a cloth mask), mechanically restricts a child’s breathing by increasing the resistance of air movement during the child’s inhalation and exhalation process, and restricts the normal function of their bodies (breathing).

In addition, each lawsuit alleges that wearing a mask has also caused the Plaintiffs’ children, at times, to develop acne and rashes on their faces in the area where the masks are worn. These problems have caused them to be afraid, suffer anxiety, and experience headaches. Those issues, in turn, make it difficult and uncomfortable for them to participate meaningfully in in-person instruction. They can also cause numerous physiological and psychological effects, as well as long-term health consequences.

Fojo said the son of one of his clients went home early from Hollis High School on Monday,, because of the heat and having to wear a mask.

“Her son had to wear his mask the entire day and as we know, they don’t have air conditioning in the classroom,” he said. “He sweated the entire day and was not provided a mask break.

It’s my understanding that she contacted the superintendent to complain about it.”

The Telegraph reached out to Hollis-Brookline superintendent Andrew Corey, but has not receive a response.