Masks debated at heated Cape school board meeting

Despite repeated audience outbursts, including chants of “death” as a penalty for enforcing the state-issued mask mandate, Cape Henlopen school board members passed a number of agenda items Aug. 19 before adjourning amidst a cacophony of raised voices, threats and curses from many attendees.

Cape Henlopen Education Association President Lacey Brown spoke early in the meeting, stating that much discussion has surrounded the governor’s decision on mask-wearing.

“We hope everyone keeps the focus on the kids and their education,” Brown said.

Audience members began shouting minutes into the abridged meeting, and continued several more times until public commentary; no one had signed up to speak during citizens’ participation. 

Board President Alison Myers said public comment would be heard after Superintendent Bob Fulton presented the school reopening plan. She read the board policy that states speakers each have a 3-minute limit, with the commentary period having a 15-minute limit total, causing further yelling from the crowd.

Meeting attendee Paul Davis stated that masks prevented plaster and lath from entering his nasal passages while he worked in construction, but masks don’t prevent people from inhaling viruses. 

“So if masks don’t work and there’s no scientific data to show masks work, enforcing our children to wear them will be considered a form of child abuse, which, last time I checked, was a criminal offense,” Davis addressed the board. “Further, if you are forcing our children to wear masks, which is an untested medical procedure to prevent COVID, then you are in violation of the Nuremberg Code.”

Davis continued, “And on the count of three, who can tell me what the penalty is for violating the Nuremberg Code? 1, 2, 3!” 

“Death,” was heard from some members of the audience. 

“I'm sorry, I didn't hear you,” Davis said.

“Death,” those audience members repeated. 

“Death,” Davis said.

Davis said satanic and corrupt politicians seek to destroy his freedom. After the buzzer indicated the end of his three minutes and he continued speaking, Myers called for him to stop so that others could speak. Davis then said a prayer to save children from evil, including that which he said might be in the room, and for the board to refuse the mask mandate or vote to make it a choice. 

“Have mercy on our children,” Davis said. “Amen.”

The Nuremberg Code is a set of research ethics adopted in 1947 as a result of the war crimes tribunal at Nuremberg following Nazi medical experiments in concentration camps during World War II. The code established a set of standards for ethical medical behavior, including the provision for voluntary informed consent of a person involved in medical experiments. Health organizations including National Center for Biotechnology Information and the New England Journal of Medicine state the code is not a legally enforceable law in any nation.

When asked whether Davis’s encouragement of chants for death would be considered incitement, Delaware Department of Justice spokesperson Mat Marshall said the Attorney General’s Office evaluates each case individually after an investigation and refrains from speculation.

A woman who identified herself as a Beebe Healthcare ER nurse said she had seen only one pediatric COVID case throughout the pandemic and that masks have nothing to do with safety.

A Beebe spokesperson said the organization takes seriously the importance of privacy for all patients and that Beebe does not share census information, meaning the number of patients in a facility, and that the nurse’s statements did not violate patient privacy laws. In response to a question regarding reports the nurse had been dismissed, the spokesperson said Beebe does not disclose confidential employee information, and issued a statement from Beebe CEO and President Dr. David A. Tam. 

“We value and respect the personal opinions of our individual team members and community,” Tam’s statement reads. “However, they may not necessarily reflect the opinions or position of Beebe Healthcare. Beebe unequivocally supports the science behind and the intent of masking, which is why we require masks to be worn by employees, visitors and patients at all our facilities. We also firmly stand behind the science of the COVID vaccine and its vital role in helping prevent serious illness and furthering our mutual goal of ending the pandemic.”

All employees follow established safety protocols, including the use of additional PPE when needed, to protect patients, co-workers and visitors, Tam said, and all follow strict cleaning and disinfection procedures.

“All of this is done to ensure that Beebe is a safe place to receive care,” Tam said. “We are grateful to our community for granting us the privilege of caring for them and continue to urge everyone in our community to wear a mask, watch their distance, wash their hands and get vaccinated.” 

The Centers for Disease Control and Prevention and the American Academy of Pediatrics recommend masks be worn in school by people age 2 and over to help reduce the spread of COVID-19; both detail studies supporting the effectiveness of mask-wearing. CDC research also states that mask-wearing “has no significant adverse health effects for wearers.”

When one speaker attempted to voice support for the district’s enforcement of the state mask mandate, she was repeatedly interrupted by the screams, boos and shouts of the crowd. Myers said she was curtailing public comment due to the “temperament of the crowd in not allowing others to speak.” An eruption of shouting occurred, leading to a vote to table remaining agenda items and a vote to adjourn.

As board members exited the room, Nick LaRusso, who earlier cursed at board members and told them they “look stupid with your masks on,” and former school board candidate Ashley Murray rushed the board. LaRusso threw papers in the air, yelling board members’ names and saying, “It’s on, it’s on, it’s on!” while other audience members yelled, “Your time is up!” and “Do what’s right for the kids!”

Other districts react to mandate

At the Aug. 23 Milford School District school board meeting, board member and Beebe Medical Group physician Adam Brownstein spoke against wearing masks. The next day, Milford school board issued a statement that personal views, opinions, and comments made by board members regarding face masks do not reflect the district’s official position. 

“The DHSS’ face covering requirement is clear: everyone kindergarten-age and older in K-12 schools, including Milford Schools, must wear a face mask to reduce the transmission of the COVID-19 virus,” the statement reads. “The Milford School Board does not have the statutory authority to violate an executive order.”

At the Indian River school board meeting Aug. 23, the board motioned and voted on two items not on its approved agenda – a 9-1 vote for no confidence in Gov. John Carney’s mask mandate, and a unanimous vote to submit a petition asking for the emergency order to be reconsidered or revised. The votes came during a marked discussion item, and a motion to amend the agenda to include the votes was not made before the votes were held.

Indian River spokesperson David Maull said Aug. 25 the board’s vote did not make face coverings optional in district schools. Citing Delaware Code, Maull said the board agenda is subject to change, including the addition or deletion of items which arise during the meeting.

The Freedom of Information Act allows agendas to be amended up to six hours before a meeting for items that arise suddenly and can’t be deferred to a later meeting, unless the matter is urgent, and as long as the reason for the delay is stated on the amended agenda. In 2019, the Attorney General’s Office found Sussex Tech twice violated open meeting requirements by voting on items that were not properly noticed.

In an Aug. 24 email to families, Delmarva Christian Schools Head of School Matt Kwiatkowski reversed his earlier decision and stated the school will comply with the mask order while also petitioning the order to Delaware Health and Social Services.

“While this certainly was not our original plan, Delaware Health and Social Services carries the authority to impose significant penalties, and so, we must adjust to these circumstances,” he stated.

Delaware Public Health spokesperson Mary Fenimore said the mask requirement applies to all schools, public and private. The authority for DPH to issue fines of up to $1,000 per violation, per day for noncompliance is within Delaware Code, she said.

“We are committed to working with schools to ensure compliance and prevent the need for enforcement actions,” Fenimore said in an Aug. 25 email.