A parent of an East Lyme High School student and a Manchester parent of two younger students, along with the Connecticut Freedom Alliance, are seeking a court order to stop the mandate that students wear masks in schools and on buses.

In the 10-page administrative appeal filed Aug. 14 in New Britain Superior Court, the plaintiffs are asking the court to order the state Department of Education to rescind its requirement for “face coverings, masks, and face shields by students in schools.” The appeal also seeks an order that neither the state nor individual schools can require students to wear face coverings “at any time during the school day (whether indoors or outdoors), during after-school programs or during transport to and from school property.”

The Connecticut Freedom Alliance is a group of parents, attorneys, legislators, doctors, scientists and activists "committed to preserving and expanding individual rights and freedoms" in the state. Attorney and state Rep. Doug Dubitsky, R-Chaplin, and Wallingford attorney Craig Fishbein represent the plaintiffs in the case.

Plaintiff Raena Ferguson of East Lyme, whose daughter attends East Lyme High School, declined to comment, citing advice from Dubitsky.

The appeal states that Ferguson, of Niantic, “opposes the Defendants’ stated requirement that her child be required to wear a face covering, mask, face shield, or any other attire or apparatus on her person in order to receive her fundamental right to an education.”

East Lyme Superintendent Jeffrey Newton announced Aug. 7 that the school district will reopen Aug. 31 with a hybrid model of in-person and remote learning. Half will attend in person Mondays and Tuesdays, while the other half engages in remote learning. The roles reverse on Thursdays and Fridays, and all students will do remote learning Wednesdays to allow schools to be cleaned.

On June 29, the state Department of Education issued the 50-page report, “Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together” to guide school districts in reopening schools. Dubitsky and Fishbein cited segments of the plan in the appeal, saying the document does not cite a legal authority for making the mask requirement, while the state Constitution gives all children "a fundamental right to an education."

Dubitsky said that with schools reopening soon, he hopes the appeal can “move along quickly.” He said the plaintiffs may file a lawsuit to seek an emergency motion in time for the opening of schools along with the administrative appeal.

Teachers across the state have expressed different concerns throughout the summer on the state’s plans to reopen in-person learning and have held rallies in various cities and towns. A coalition of several labor unions representing some 60,000 front-line employees in local and regional school districts will hold an online video news conference at 11 a.m. Monday to present their recently adopted “non-negotiable” requirements to help prevent the spread of COVID-19 in schools.

Dubitsky said there is lack of scientific basis for the mask requirement, especially for young children. He said there have been “study after study” saying that cloth masks do not help prevent the spread of COVID-19, and that masks might pose health risks if bacteria collects inside them.

“I know doctors get on TV and say, ‘wear a mask,’” Dubitsky said. “Where is the science that says subjecting 5-year-old kids to wearing masks for eight hours a day is beneficial?”

He said young children likely wouldn't wear the masks consistently or properly, adding to the health risks.

“To make a decision so sweeping is something that should be discussed, and the science behind it and the costs is something that the parents should have some input in," Dubitsky said. "To ask them to wear a mask for eight hours a day just to get equal access to education is something a lot of parents are objecting to.”

Peter Yazbak, spokesman for the state Department of Education, said the reopening plan requires that children wear masks, except for medical reasons. The plan calls for “mask breaks” throughout the day.

“The use and benefits of mask-wearing as a mitigation strategy is referenced throughout our fall reopening document,” Yazbak said.

The reopening plan cites the U.S. Centers for Disease Control and Prevention’s guidance and the American Academy of Pediatrics’ guidance for reopening schools. The CDC recommends that everyone over age 2 wear a mask.

“CDC suggests that all school reopening plans address adherence to behaviors that prevent the spread of COVID-19,” the CDC document cited in the state report said. “When used consistently and correctly, along with important mitigation strategies, cloth face coverings are important to help slow the spread of COVID-19. Other important mitigation strategies include social distancing, washing hands, and regular cleaning and disinfecting frequently touched surfaces in schools and buses.”

The AAP’s guidance cites evidence from the SARS-CoV-2 — the specific coronavirus that causes COVID-19 — experience.

“Simple face masks appear to be quite effective for decreasing the likelihood of transmission of SARS-CoV-2," the AAP's report stated, "in contrast with known airborne pathogens such as measles. With this in mind, mitigation efforts should focus on prevention of droplet transmission.”

Dr. Kevin Torres, associate chief medical officer at Lawrence + Memorial Hospital in New London, said since the COVID-19 pandemic hit, medical experts have found benefits to mask-wearing, especially to protect those who come in contact with the mask-wearer.

“Over time they found there was some benefit to it,” Torres said. “You’re doing the mask really to protect others from what you might be putting out. We think there’s a pretty good safety at 6 feet or beyond, and that’s not always possible.”

Torres said understanding one another’s viewpoints is good but arguing back and forth on mask-wearing would be “missing the point.” He said children have become accustomed to wearing masks, and masks can help remind them not to touch their faces, another coronavirus precaution. He said wearing a mask, washing hands and maintaining social distancing are the main protocols.

“You’d be surprised,” Torres said. “Kids adapt pretty well. We’ve been out in the community. I have kids of my own. There are kids who don’t have to wear them at times, on the baseball field for example, and they’re wearing them anyway.”

c.bessette@theday.com