Flash! Did The Rhode Island Department of Health Just Try A “Bait & Switch” On A Legal Settlement?

The verdict, as it was, was in. After a protracted, multi-year court battle, in a landmark settlement, the State of Rhode Island agreed to the terms of Parents United, in the case of Southwell v. McKee. To simplify? The State of Rhode Island agreed to hold public hearings in the event of a declared medical emergency, prior to issuing regulations similar to the now widely discredited “Mask Mandate”.

Serious “Disparities”, however, have been discovered between the agreed upon settlement paperwork, and what the Rhode Island Department of Health (RIDOH) attempted to file with the Courts …

The issues are highlighted in an email sent by Plaintiff’s Attorney Gregory Piccirilli, obtained by The Coalition Radio Network.

To: ‘Sullivan, Justin (RIDOH-Contractor)’ <Justin.Sullivan.CTR@health.ri.gov>

Justin, in reviewing the proposed regulation that you sent to ORR, it is not what we agreed to. I went back through my emails with Kenny Alston as far back as May and I have never seen it worded this way.  In fact, this is why I sent Matthew Shaw an email on January 3 with the proposed regulation to be attached to the stipulation.  I did not expect a bait and switch.

It appears sections 4.3.A and B are different. The biggest concern with what you sent to ORR is the inclusion of this language in 4.3.B:

“An absence of scientific evidence regarding the effectiveness of face masks against a specific pathogen will not prevent the Department from considering a face mask requirement.”

Seriously, who at RIDOH thought it was good to include this language?  It is already being mocked mercilessly.  So simple question, will you change the regulation to what was agreed to?  If not, you are in violation of the dismissal stipulation, and I will notify the Judge for a contempt hearing.

Gregory P. Piccirilli, Esq.

The Coalition has reached out to the Rhode Island Department of Health for comment.

Settlement Language

Substituted Language