Unmasked Student Was 'Reassigned,' Says He Was Given No Lunch

RIVERHEAD, NY — A ninth-grader at Riverhead High School spoke out Thursday about the experience of being "reassigned" after refusing to wear a mask during a week marked by controversy over the mandate.

Shawn Farash, founder of the "Long Island Loud Majority" group, spoke with the student, identified as "Noah," during a Facebook Live interview, calling him a "brave young man. He is inspiring others to stand up and take action."

A statewide mask mandate remained in effect Tuesday after an appeals court judge issued a stay following a ruling by a Nassau County Supreme Court judge Monday that declared Gov. Kathy Hochul's mask protocols to be unconstitutional.

The state immediately filed an appeal, and New York State Attorney General Letitia James filed a motion to stay the ruling. The stay was granted Tuesday afternoon, with another hearing slated for Friday.

Noah described what he said happened at the Riverhead High School Tuesday morning, when district officials said the mask mandate was still to be adhered to, despite the judge's ruling that the masks were unconstitutional.

Noah said he and others got sent to the office for not wearing a mask. Next, those students were put into a conference room; their parents were called to pick them up, and he and the others students were given donuts, chips, and drinks, he said. "We sat there until the final bell for the day," he said.

When asked by Farash how he felt to be segregated, Noah said: "It was just weird, how we were being separated because we didn't want to wear masks. Everyone else could do what they wanted, walk down the halls, but we couldn't leave or do anything."

Noah said he'd told his parents not to pick up the phone or come to pick him up; he did not want to leave. He and some of his friends agreed to do the same, he said.

On Wednesday, Noah said the number of students who were put in a separate room was about 12 to 15.

If those students had to use the rest room, Noah said they had to wait 10 to 30 minutes for a security guard to escort them and to make sure that the facilities were completely cleared before they could enter.

And, while they'd been given donuts and snacks Tuesday, Noah said: "They didn't bring us lunch at all yesterday." Noah said the students attempted to have food delivered but it was not brought to them at first. Finally, he said, his friend's mother put Wendy's into a backpack and brought the backpack to school, saying that her son had forgotten it at home.

"Shame on you, Riverhead High School," Farash said.

Riverhead school officials said the students were given lunch and did their classwork while at school.

By Thursday, Noah said the number of students not wearing masks had grown to about 20; they wore the masks so they could enter the building, and met in the auditorium, then were stopped by security. Once again, those students had instructed their parents not to pick them up.

He said the students were escorted to the cafeteria Thursday.

"What you are doing right here is the definition of civil disobedience," Farash said. "We call this the Riverhead revolution."

Farash also said an amicus brief had been filed in the mask dispute by a number of districts on Long Island, including Shoreham-Wading River, Locust Valley, Massapequa, Island Trees, Connetquot, Lindenhurst, Plainedge, and Hauppauge.

On Tuesday, the district sent a statement via a representative to Patch: "Today, 10 students across our seven buildings arrived at school without a face mask and declined to put on one provided to them," the statement read. "As per our protocols, the students' parents were contacted, and they were asked to pick up their child. Those students who remained at school were reassigned to locations within our buildings and were supervised by our staff for the remainder of the day. The district did not contact members of law enforcement over this matter, but officers did respond to the building after being contacted by a community member."

On Monday night, after the legal ruling to overturn mask requirements was announced, the district received a follow-up memo from the NYSED directing that schools should continue to follow the current mask requirement, the district said.

The district shared the information with families Monday night, informing them that all students and staff would continue to be required to follow past protocols and were asked to wear masks in Riverhead schools, the statement said.

On Thursday, parents and community members rallied outside Riverhead High School at noon against the mask mandate.

According to organizers, the protests were set to unfold statewide after a post by Elaina Prince of Sachem North High School sounded a rallying cry, urging all New York state residents to "pack their public school parking lots", honking horns, making signs and chanting "unmask our kid" and let freedom "ring."

Another "Unmask Our Kids" rally is planned for Monday in Albany at 10 a.m. on the state Capitol steps, with Rep. Lee Zeldin expected to attend.

One North Fork resident, who asked not to be identified, and who attended Thursday's rally, spoke to Patch: "The mandates that the current sitting governor put in place, were, and still are, illegal and unconstitutional. We have to continue to make our voices heard to the school boards and state government, and let them know that we will not give up our freedoms. By us staying out front and fighting for our children’s rights, I’m hoping it encourages other parents who may share the same views and opinions to step forward and make their voices heard as well."

He added: "This is America, and our children and the rest of us were born with our freedoms. The right to choose, individual choice, is so important! If people want to wear the mask, wear it. If you don’t, that is your choice as well. Every American should have the right to choose, especially our children."

Hochul spoke out after the stay was granted: "As governor, my top priority is protecting the people of this state. These measures are critical tools to prevent the spread of COVID-19, make schools and businesses safe, and save lives. We will not stop fighting to protect New Yorkers, and we are confident we will continue to prevail."

On Tuesday, during a coronavirus briefing — during which Hochul said New York has seen an 86 percent drop in positivity over the past 2½ weeks, with all regions declining — Hochul spoke out on the controversy and the Jan. 24 decision by Judge Thomas Rademaker. The decision said that the state's mask ruling was "promulgated and enacted unlawfully by an executive branch state agency and therefore void and unenforceable as a matter of law."

On that ruling by Rademaker, Hochul said: "We disagree 100 percent with the conclusion of the judge. In his opinion, the Department of Health did not have the authority to protect public health."

The governor said she can't wait for the day to say masks are history but that day could only come when it was safe to lift the protocols. "I will not do it a day before," she said.

Monday's decision overturning mask protocols came after new Nassau County Executive Bruce Blakeman signed a trio of executive orders allowing school districts to end the mask mandates if they chose to do so.

"A judge declared that Gov. Hochul's mask mandate is unconstitutional, deeming mandates invalid statewide," Blakeman wrote on Facebook Monday, calling the decision "a huge win."

After the stay was granted Tuesday, Blakeman wrote: "It's time for Governor Hochul to stand down and stop disrespecting the rights of students and parents. Mask decisions should be made by families and school boards who have their finger on the pulse of their communities — not Albany politicians. Nassau is normal again, and our county will continue to lead the way as an example for the rest of the state to follow."

Zeldin, R- Shirley, weighed in on Twitter: "Our schools and local communities in New York need more local control and less Hochul control!"