Despite COVID surge, Missouri AG tells KC parents they can disregard mask rules for kids

Sep. 2—Attorney General Eric Schmitt advised Kansas City and Jackson County parents Thursday that their children don't have to follow mask mandates if they believe it will make them irritable or less happy.

Schmitt, a Republican running for U.S. Senate, is effectively granting parents wide latitude to disregard the metro area's mask rules when it comes to their children, part of his ongoing war against mandatory masking. The advice — which Schmitt called "legal direction" — comes as the area continues to grapple with elevated numbers of COVID-19 cases.

His message came in letters to Mayor Quinton Lucas and Jackson County Executive Frank White on Thursday, based largely on the meaning of the term legal direction. Both leaders swiftly criticized the letters and said they have no legal impact.

Kansas City and Jackson County's mask orders exempt individuals with disabilities from wearing masks if they would face substantial impairment to their health and well-being, based upon medical, behavioral or legal direction. Schmitt contends that children have a legal disability under Missouri law because they are under 18.

He said his letters constitute "legal direction" that headaches, difficulty concentrating and less happiness qualify as substantial impairment under the orders.

Schmitt has filed lawsuits against both the Kansas City and Jackson County mask orders seeking to overturn them entirely. At least in the Kansas City suit, no hearings are expected until November. He is also suing to block mask mandates in school districts statewide in what's been called a "reverse class action" lawsuit.

"Both Kansas City's and Jackson County's mask mandate provides that 'legal direction' is an acceptable exception to the mandate. While our lawsuits against Kansas City and Jackson County continue, I sent this letter as 'legal direction' to Kansas City and Jackson County on who qualifies for important exceptions to mask mandates imposed by power-hungry bureaucrats," Schmitt said in a statement.

Lucas and White issued a joint statement in response, saying the attorney general's guidance has "no legal impact and makes no rational sense."

"Kansas City's and Jackson County's orders remain in effect and we stand by them to keep our young people and all people safe, particularly at a time of rising infections for those 18 and under," they said. "We will protect the children of this community while the Attorney General continues to rail against responsible public health guidance to support his political campaign endeavors."

Whether the letters will lead to showdowns between parents and local authorities over child masking remains unclear. Schmitt's decision to comment on local ordinances is highly unusual, said Chuck Hatfield, a Jefferson City attorney who worked in the attorney general's office under Jay Nixon, a Democrat.

"Indeed, for many years it was the policy ... not to issue opinions on local laws or ordinances," Hatfield said. "It's not really in the strike zone of the attorney general to go around interpreting local laws and ordinances."

The American Academy of Pediatrics and the Centers for Disease Control and Prevention have both urged universal masking for schoolchildren this fall. In addition to preventing infection of students and teachers, health officials have recommended masking in schools in hopes of preventing community transmission of the virus.

The attorney general has argued children are at significantly lower risk of serious illness due to COVID-19 and generally don't spread the virus. The World Health Organization said in September 2020 that fatalities among children under 18 are lower than in other age groups, but as the highly-contagious delta variant spreads through the United States, more children are falling ill.

While pediatric COVID-19 hospitalization rates are lower than those for adults, they have surged in recent weeks, reaching 0.41 per 100,000 children ages 0 to 17, compared with 0.31 per 100,000, the previous high set in mid-January, according to an Aug. 13 report from the Centers for Disease Control and Prevention.

Over the last week, almost 1 in 5 of the confirmed cases in Missouri have been among children under 18. During the winter, it was fewer than 1 in 9.

Schmitt did not send a letter to city officials in St. Louis, whose mask mandate allows an exception for only people with disabilities that "prevent them from wearing or taking off face coverings" or "prevent them from communicating while wearing face coverings."

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