The following is from Children’s Health Defense.
A 9-year-old girl with asthma, along with her mother, is petitioning the US Supreme Court to review their case. The Franklin Square Union Free School District in New York forced the child to wear a mask, despite her asthma and medical advice indicating she could not tolerate it. The school repeatedly denied the mother’s requests for an exemption, submitted with support from Sarah’s lifelong pediatrician, citing a “no accommodation” policy.
The family initially sued the school in 2021. When legal action was threatened, the school agreed to let Sarah wear a “mesh mask,” but it caused additional health issues, including fungal infections and breathing difficulties. The school insisted she continue wearing the mask, though it provided no known health benefit, leading to severe distress, anxiety attacks, and nightly use of an asthma tent.
The case raises key questions about the right to refuse medical interventions that could seriously harm a child. The petition to the Supreme Court asks whether there is a fundamental right to medical exemptions from public health mandates and whether the government can deny these exemptions without demonstrating a compelling state interest.
The attorneys argue that the school’s actions violated Sarah’s constitutional rights and that this issue has “immense nationwide significance,” especially as similar mandates could arise in future public health crises. The case challenges the extent of government power in enforcing health mandates, especially when they conflict with individual medical needs and rights.
