Dangerous 'Free the Smiles' Act SB 173: Take Action Now

 On February 17th, the NC General Assembly passed a bill -- Senate Bill 173 'Free the Smiles' Act -- that upon skimming or seeing media coverage seems logical BUT it is, in reality, dangerous and irresponsible. 

The NC Alliance for School Equity and Safety believes masks should come off and/or be optional when the time is right. When our public health experts agree. When it is safe and equitable for all students. Not when government decides to play politics with those in schools.

But what this 'Free the Smiles' Act really says is irresponsible and reckless. And the public must be informed and so they can reach out to their State Representatives and the Governor. Ask Governor Cooper to veto this bill and tell your representatives to not support overriding a veto. 

SB 173, if it becomes a law, should be a concern to everyone. Anyone who has concern for others or their children.

SB 173 states that children on school property can not wear a mask if opted out by the proper process with the school/system. 

BUT It also states that in spite of any 'State, or local law, rule or policy' this will always be the case. If this pandemic (which, sadly, we are still in) hands us another surge, more dangerous variant for kids or anything in the future which would make requiring masking in schools a necessary mitigation measure -- our schools cannot require masks of our students on school property.

Read that again. We may all see mask mandates come back in our county or city, or even the state. But masks cannot be required in schools if this becomes law.

It also states that students who are unmasked cannot be treated differently than others. Obviously, we are supportive of equity, as we all should be. However,  many have medical reasons where there won't be the option to keep their child (though masked) away from others who are not masked. This could become problematic, and dangerous depending on what's next in this pandemic.

SB 173 also states "No governing body of a public school unit, or its members, employees, designees, agents, or volunteers, shall be liable for any act or omission in compliance with this section that does not amount to gross negligence, willful or wanton conduct, or intentional wrongdoing."

In other words, if your child were to happen to catch COVID in school under this law, suffer from a disability as a result, long COVID or death -- the lawmakers have written in protection from liability.

This law removes the opportunity to make masks required should public health officials (read: not lawmakers or politics) determine necessary. Following other states with similar legislation or guidance, there is an on/off ramp for masking considering we are in a pandemic. This would make the Free the Smiles Act safer for everyone. But that language is not included in the bill.

These are our children. This is our community. Many of us and our children do not have the privilege to not worry because of high risk conditions, no access to vaccines or disabilities. That does not make these lives less important. This 'Smiling' act suggests otherwise.

And finally, this act violates the rights of those with disabilities. This very situation is being tackled legally in other states. How many have to potentially suffer or face discrimination before something can be done legally?

If at some point a virus, COVID or otherwise, seriously threatens the lives of our children, masks will likely be needed and they cannot be required under SB 173. Community spread can increase. Kids and their families will be impacted. And yet, this is somehow an acceptable solution for going mask-optional?

For those of you with vulnerable family members, disabilities, younger children with no vaccine access, have lost a loved one to COVID or are impacted immediately by the decisions of going mask-optional, know you are not alone and our hearts go out to you. Parents should never have to choose between keeping their child safe and their education. So many families are struggling because their child's civil rights are being attacked. Their children are at risk or their family member is. Because they are screaming for someone to listen and met with hate and discrimination. None of this is ok.

Every parent and North Carolinian should be concerned with what's proposed in SB 173 at this time. We need to all contact our representatives as well as Governor Cooper. We need to do this now. Governor Cooper needs to veto this bill and our representatives need to not override a veto. It can be a short, quick note or use the automated links below.

EASY WAYS TO TAKE ACTION RIGHT NOW:

• Urge Governor Cooper to VETO SB173: Use this tool to email and tweet a message and share this tool with your contacts. 
• As an organization, use this link to sign on to a letter to the Governor. More details when you follow the link and arrive at the form.
• Another tool to use to ask for a VETO of SB173
• Join us at NC Alliance for School Equity and Safety for future updates and ways to get involved.