Group presses New Mexico to reconsider student mask-wearing policy, especially athletes

LAS CRUCES - A New Mexico rights group is asking the state to change its mask-wearing policy for students, especially athletes.

Nancy Ana Garner, lead attorney for NM Stands Up! submitted the cease-and-desist letter last week to New Mexico Department of Health Secretary Tracie Collins, New Mexico Public Education Department Secretary Ryan Stewart and New Mexico Activities Association Executive Director Sally Marquez.

Garner addresses health concerns, stating in the letter the policy requiring students to wear masks puts New Mexico children "at threat of imminent harm." 

"New Mexico children are suffering serious effects from masks, including blackouts, vomiting, breathing problems, dizziness, disorientation, nosebleeds, learning problems, and other health problems as a result of your mask mandates," the letter states.

On Friday, Marquez said she had not received any such reports from anywhere in the state.

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State guidelines require all people to wear a face mask while at school, during school-sponsored activities and on school transportation. This includes any school-sanctioned athletics or activities.

The vast majority of states do not require students to wear masks while actively participating in sports.

Garner's letter references other states that have lifted school mask-wearing requirements, including Florida, Texas, South Dakota and Idaho.

"This practice must cease or we will take court action to stop it," the letter states.

California, Washington and Michigan all require student athletes to wear masks at all times. Some states including Colorado, Idaho, Minnesota, New York, Kansas, Illinois and Oregon require masks for certain sports and do not require them for others.

Oregon recently changed its mask mandate after a student athlete passed out during a track meet.

As reported by The Oregonian, a high school athlete passed out just over the finish line of a 800-meter race on April 22. On April 26, the Oregon Health Authority and the governor's office adjusted its mask requirements so student athletes participating in "noncontact outdoor sports such as track and field, golf and tennis" do not need to wear face masks as long as they remain six feet apart from other competitors.

New Mexico officials have yet to publicly respond to Garner's letter.

Oñate runner says he passed out 

Sarah Smith, a Las Cruces resident and volunteer with NM Stands Up!, said she had been contacted by multiple concerned parents who had children pass out, getting rashes or having other adverse experiences wearing masks at school and school athletics.

"At this point, we have people who have first-hand experience showing us that this is an issue for New Mexico children," Smith said. "We need to address that and not just continue on with a policy that is clearly not working."

Las Cruces Public Schools spokeswoman Kelly Jameson said that the district's athletic department had not gotten any reports of students fainting or passing out due to masks.

Colter Coombs, a senior cross country runner at Oñate High School, said he passed out while stumbling through the end of a 3.1-mile run on March 19.

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"I was so focused on trying to catch the person ahead of me … I didn't think I was about to pass out," Colter said. "Probably 30 meters from the finish line, I just felt super weird. Then when I when I crossed the finish line, I just fell over.

"It was definitely one of the scariest things in my life, ever."

Colter said it was about half an hour before he could stand on his own. He said the trainers recommended that he go to the emergency room to get checked, but his family did not take him.

More than a month later, Colter said he's back to normal but he's not comfortable running with a mask on. He said he's opted out of running events, opting instead to participate in pole vaulting and the long jump.

"I talked to my coach (because) I'm super anxious now … I told him that I didn't think that I can compete in a mask anymore," Colter said. "I started crying … I told him I couldn't do it."

The Oñate track coach did not respond to interview requests.

Other lawsuits

Garner and Smith have been longtime critics of the state's and Doña Ana County's response to the COVID-19 pandemic. Many of those restrictions have held up in court.

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Earlier this year, Garner helped Isaac Legaretta, an officer at the Doña Ana County Detention Center, sue the county over its directive to certain employees that they obtain COVID-19 vaccinations or face termination. In March, a federal judge denied the suit's request for an immediate temporary restraining order.

Last year, the New Mexico Restaurant Association and other sued the state over its mandate to restrict indoor dining at the outset of the pandemic. In August 2020, the state Supreme Court ruled unanimously to vindicate the state legal authority to do so.

Legacy Church in Albuquerque sued the state in April 2020, wanting courts to rescind the state's ban on mass gatherings in places of worship. A district court judge dismissed the suit in July 2020. In April 2021, New Mexico allowed houses of worship to welcome congregations back at 100 percent capacity, citing a U.S. Supreme Court decision to bar California from enforcing prohibitions on indoor church services.

Miranda Cyr, a Report for America corps member, can be reached at mcyr@lcsun-news.com or @mirandabcyr on Twitter. Show your support for the Report for America program at https://bit.ly/LCSNRFA.