Why I’m Suing Gov. DeSantis Over School Mask Mandates (by Kristen Thompson)

Payton (center) with her dad, Randal (left), and her mom, Kristen (right). [image description: A dark-skinned man in a navy blue shirt holds his daughter, who had tan skin and is wearing a pink dress and a pink and white hair bow. The girl’s mother, a white-skinned woman is to the right with long straight brown hair and glasses.]

As our last school year ended here in Florida, I was feeling optimistic about the summer and hopeful that with the widespread availability of Covid-19 vaccines we were at the end of this pandemic. My daughter Payton is seven years old and has just finished kindergarten. She loves dancing, being tickled, listening to music, watching movies on her iPad, and playing with friends. Payton has attended public school since she was three years old, despite having a tracheostomy and feeding tube. She thrives in public school around her peers; it is where she learns the best.

Our summer went well. We took several vacations and were feeling good about the state of Covid. Then the case numbers started to rise. I anxiously awaited our school district’s plan for the fall semester. I assumed that, based on our district's response last year, masks would be a part of its plan along with other precautions. Then I heard Governor Ron Desantis' statement about school re-opening and read his executive order, which states that schools can lose funding if they enact mask mandates. I was in shock! I couldn’t believe what I read in the executive order; it sounded like a rambling Facebook post, not something from the governor of one of the most populous states in the country.

I emailed my Florida State Representatives, the Florida Department of Education, and Governor DeSantis with my concerns, but I was worried my complaint would fall on deaf ears. So I went to our school board meeting to share my daughter's story to explain why we need masks. When we wear masks we protect those who cannot wear masks. I pointed out that the devastation from Covid-19 is not limited to death, but has also left many with permanent disability. I requested a minimum nine-week mask mandate.

Scientists and physicians from our community also came to speak at the school board meeting. They attested, overwhelmingly, to the efficacy of and need for masks when school starts. They shared that the Florida medical system is currently overburdened with Covid patients. Our two primary hospitals have stopped all elective procedures.

Our school district ultimately decided to do a two-week mask mandate and see what orders came from the state. There seemed to be no question that the district wanted a mask mandate, they were just in fear of losing much-needed funding if they did the right thing. But I knew that this fight was not over.

I had been very vocal on social media and with our local news outlets after the school board meeting. As a result, I was sent the names of two attorneys who were planning to file lawsuits: one strictly on the grounds of the Individuals with Disabilities Education Act (IDEA) violations, and the other for all children, regardless of disability. The attorneys bringing the suits are alleging that under the IDEA, the governor’s refusal to let school districts implement mask policies is a violation of disabled students’ rights to a safe school environment.

Payton (right) with her dad (left). [image description: A dark-skinned man wearing a knit cap and brown plaid shirt holds his young daughter, who has tan skin and is wearing an aqua jacket. She is looking at bright stained-glass windows.]

I reached out to both lawyers and my family was named as a plaintiff in each lawsuit against our governor, the State of Florida, the Florida Department of Education, and individual school districts.

Our family has been told to do virtual school in Facebook comments, and one of our school board members suggested home/hospital instruction. However, people who say these things clearly do not understand the unique needs of children with disabilities. Payton does not learn well virtually. She receives a specialized education by professionals specifically trained to teach children with intellectual disabilities, and she also receives numerous therapies at school. Payton received hospital/homebound instruction once after scoliosis surgery; we learned then that this type of instruction is not adequate to meet her needs.

Payton deserves to receive an education in the least restrictive environment, in accordance with the IDEA. For Payton, that is her in-person school classroom. We are not going to remove her from in-person education simply because some people selfishly refuse to wear a mask and follow basic safety precautions. We are going to fight for her right to attend school in a safe environment.

When I think about our Governor DeSantis, Florida public officials, and many of my fellow citizens who are advocating so strongly against masks and other precautions, I am almost envious of them, because clearly they have never had to worry over a sick child. If they had, they would want every layer of prevention to protect their child.

During this pandemic, we could have been teaching our children to love and care for others--that we can do small things to protect others--but we aren’t. If we made an effort to do that, it would easily be the greatest example of selflessness we could teach them, an example in which our actions speak louder than our words.

Kristen Thompson is the parent of Payton (7) and Bailey (3). She lives in Gainesville, Florida. Kristen has been an advocate for children with disabilities since her daughter Payton was born with Trisomy 18. Kristen has completed the Partners in Policymaking program through the Florida Developmental Disabilities Council. She serves on several advocacy boards and volunteers with several organizations.