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6 ■ JUNE 7, 2021 NEWS

■ From JUDGES on PAGE 1 Atkinson, who said the plaintiffs will go up the
“The Supreme Court has acted. The General As- rung of the courts with the Connecticut Appellate
sembly has acted. It is now clear that this court must Court their next stop, said the science is on their side.
act too—by granting the defendants what they want. “We feel very strongly that the science shows there
… The (state Supreme) court reasoned that the emer- is a significant risk of imminent harm to children
gency powers granted Gov. Lamont by statute were in wearing masks, both psychologically and physi-
permissible because they were guided by ‘intelligible cally,” Atkinson said.
principles’ developed by the General Assembly. To the Noting that masks are mandated in schools for all
Supreme Court, the intelligible principle behind the children over the age of 2, Atkinson said: “2- and
laws empowering the governor related to there being 3-year-olds are at the crucial years to form social re-
an emergency in which the governor would act within lationships and language,” and said that is hindered
contours established by the General Assembly.” in wearing a mask.
Moukawsher went on to say: “A court also can- But Atkinson said there are more serious reasons
not review week-to-week changes in conditions to not to have a mask mandate.
say whether the governor acted within or exceeded “There is actual scientific evidence of risk of physical
his powers. What matters constitutionally is that the harm. Children have had problems breathing and some
governor follow intelligible principles and face leg- have passed out. Teens are also developing skin prob-
islative oversight to guard against excessive powers, lems, like acne, because of the masks,” Atkinson said.
wholly and permanently swallowing legislative pow- “There is a constitutional right to an education
ers in the name of an emergency.” in this state and children should not have to choose
University of Connecticut School of Law Profes- between being harmed by masks and receiving an
sor Richard Kay said, “This is not very sexy stuff, education,” he said.
but it is a separation of powers issue. The governor But, Kay said, the courts are reluctant to rule
has some powers, powers he is exercising here that against state leaders, such as governors, in a health
is granted him by the legislature. One of the stat- emergency.
utes gives the governor the right to declare a public “We are in a pandemic and this kind of situation
health emergency.” makes all of the other emergencies look insignifi-
While Kay said Thursday, “I don’t see much of a cant,” Kay said. “Judges do not want to go in and be
chance on appeal here,” those filing suit against the responsible for changing measures to deal with a
governor, the State Department of Education and U.S. pandemic, which, in this case, the governor, backed
Education Secretary Miguel Cardona said not so fast. up by the legislature, have put in place. The decision
Cameron Atkinson is one of several attorneys repre- here is good law.”
senting plaintiff CT Freedom Alliance LLC, which filed Representing the defendants are Darren Cun-
suit on behalf of parents of 15 school age children who ningham and Timothy Holzman, attorneys with the
didn’t want their children wearing masks in school. Office of Connecticut Attorney General. Elizabeth
According to its website, CT Freedom Alliance is Benton, spokesperson for the office, didn’t respond
“a coalition of parents, attorneys, legislators, doc- to a request for comment.
tors, scientists and activists who are committed to In addition to Atkinson, also representing the
preserving and expanding individual rights and plaintiffs are Norman Fishbein of Fishbein Law
freedoms in Connecticut.” Firm in Wallingford and attorney Doug Dubitsky, a
Atkinson, an attorney with Pattis & Smith in New solo practitioner from North Windham. ■
Haven, said: “The takeaway for attorneys here is that
the separation of powers doctrine in Connecticut Robert Storace covers legal trends, lawsuits and
needs a serious reworking either by judicial, the analysis for the Connecticut Law Tribune. Follow
legislature or by the State Constitution. This is defi- him on Twitter @RobertSCTLaw or reach him at
nitely overreach by the governor.” 203-437-5950.

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