Reyes adds Utah to lawsuit against mask mandate for Head Start toddlers

Utah Attorney General Sean D. Reyes speaks during a press conference at the Capitol in Salt Lake City on Thursday, July 22, 2021.

Utah Attorney General Sean D. Reyes speaks during a press conference at the Capitol in Salt Lake City on Thursday, July 22, 2021. (Laura Seitz, Deseret News)


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SALT LAKE CITY — Utah Attorney General Sean Reyes brought Utah into another fight against coronavirus-related mandates on Tuesday, arguing that the federal government cannot force Head Start programs to require masks for children and vaccines for staff.

"Forcing masks on 2-year-olds and vaccines on Head Start teachers will cost jobs and impede child development," Reyes said.

Utah is one of 24 states that are involved in the lawsuit, which was filed in the Western District of Louisiana.

Reyes said in a prepared statement that Head Start is a program that provides much-needed resources for families, including diapers and early childhood education. He said if teachers, volunteers and contractors for the programs are required to be vaccinated before Jan. 31 then it will cause lost jobs and harm the program.

"Not only is the Head Start mandate unlawful, but it will deprive low-income families and rural communities in Utah of these vital services," he said.

The contested rule was published in the Federal Register on Nov. 30 and says it is seeking to mitigate the spread of COVID-19 in Head Start programs. It requires "universal masking" for anyone over the age of 2 — although there are some exceptions — along with all staff and contractors who provide Head Start services to be vaccinated.

In the lawsuit, which asks for a preliminary injunction against the requirement, the 24 states claim that the mandate is contrary to specific laws, does not give proper notice and goes beyond the authority that President Joe Biden and the executive branch have.

These arguments are similar to those included in three other lawsuits against COVID-19 federal vaccine mandates which Utah has taken part in.

The court fight comes as U.S. health officials say 2021 is shaping up to be even deadlier than last year. The Associated Press reports that based on available information, it seems likely 2021 will surpass last year's record number of deaths by at least 15,000. Last year was the most lethal in U.S. history, due largely to the COVID-19 pandemic.

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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and legal affairs, as well as health, faith and religion news.

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