Proposed Ordinance To Unmask Greenwich Students Rejected By RTM

GREENWICH, CT — A proposed ordinance created by petitioners that called for the Town of Greenwich to make mask-use optional for students in public and private schools was rejected on Monday by the Representative Town Meeting.

The proposed ordinance was ruled as not being in legal order by RTM Moderator Tom Byrne. Byrne cited the opinion of assistant town attorney Aamina Ahmad.

Carl Higbie, an RTM District 8 member who presented the ordinance, appealed the ruling. The RTM voted on whether or not to send the matter to the Legislative and Rules Committee for further study, and that failed by a vote of 43 in favor of further examination, 141 opposed with seven abstentions.

Byrne said the proposed ordinance "would have the RTM take action in excess of its authority." Ahmad explained the town could not challenge executive orders from the governor.

Ahmad said executive orders from Gov. Ned Lamont have given authority to the state Department of Education and the state Department of Public Health "to issue binding orders and regulations" with regard to mask mandates.

The only way to challenge the orders would be to go to court and question the governor's authority, Ahmad said.

"The executive orders are deemed to be and have the effect and force of law, and they have been upheld by trial courts in the state," Ahmad added.

"I don't believe the order from the state is in legal order, because I don't think you can force somebody to put something over their face. This is about choice. I want the choice of the people here tonight to make that decision," Higbie said after he chose to appeal the moderator's decision.

"You want to wear one, go ahead. You don't, also don't. This is about you being able to choose for your children what you think is best based on the doctor and you making that decision. I think blocking that because of a snafu on legal order is undemocratic. I think it's not the way business should be conducted."

Before the vote on the appeal, members debated Ahmad's opinion that the town could not overrule an executive order from the governor. Some people questioned the efficacy of masks.

"I would encourage you to think about being brave and not necessarily be beholden to some arbitrary rules when you know that all of the science and all of the information about masks says that it's harmful to our children," said Jackie Homan, founder of the Greenwich Patriots group. "When there is a risk to our children, there needs to be a choice. Whether it's in legal order or not, you really need to consider the absolutely unusual circumstances around the situation and vote for humanity."

Greenwich resident Joe Solari called for the RTM "to stand up for what's right."

"Legally, ethically, in every sense of the word, masking our children is wrong," he said.

Kara Philbin said mask mandates for children infringed on "their constitutional rights and body autonomy."

"Forcing children to wear masks or similarly forcing use of any other non-FDA approved medical product without the child or the child's parental consent, is illegal and immoral. As such, unmask our children, teachers and administrators," said Philbin, who ran for the Greenwich Board of Education in November and lost.

"The moderator's rules are not arbitrary," said District 8 member Jonathan Perloe. "It's not up to the RTM to decide which statutes that we follow or don't follow. I feel if the petitioners feel that this mask mandate is unconstitutional, they should sue the state and not waste this body's time."

Perloe also questioned the precedent that would be set if the RTM voted to pursue the appeal.

Svetlana Wasserman, an RTM member from District 10, told her fellow members and the community to yield to the experts on COVID-19.

"The petitioners think that they know better than all the epidemiologists and infectious disease control specialists working at our nation's premier health agencies. They're asking us on the RTM to override the guidelines that scientists and doctors, whose job it is to protect public health, have recommended," Wasserman said. "While there may be some of us on RTM with expertise in infectious diseases, we're overall a body of laypeople. We don't have the expertise to second guess the judgment of people who are experts, and neither do the petitioners."

In guidance updated Nov. 5, the Centers for Disease Control and Prevention said that "due to the circulating and highly contagious delta variant, CDC recommends universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status."