Critics say Tri-Cities lawyer is ‘cashing in on people’s fears’ with student mask exemptions

A Kennewick lawyer says a recent change in COVID-19 requirements gives K-12 students freedom from wearing face coverings when they return to the classroom in one month.

All it takes is a parent’s declaration of their child’s risk and a signature, along with $100, and Jason A. Celski says his law firm will formalize a document to be filed with the student’s school.

The Celski Law Firm created the “child mask exemption worksheet,” which the attorney is encouraging people on Facebook to share for those “tired” of their kids wearing masks to school.

The exemption applies to all of Washington and is entirely compliant with the state Department of Health’s updated regulations released July 6, said Celski.

There is no need for any local health district to approve the exemption before it goes to the school, he added.

Celski is relying on the current K-12 requirements that say face coverings should not be worn by: “Those advised by a medical, legal or behavioral health professional that wearing a face covering may pose a risk to that person.”

He said his exemption form is good for the 2021-22 school year, in both public and private schools.

“If it is a risk for your child to wear a cloth or any other face covering, by checking the two appropriate boxes below, your child will receive an exemption letter from our law firm,” the form states in bold and all capital letters.

The majority of commenters on the firm’s Facebook posts were in favor of the exemption and cheered Celski for his “golden” actions, but several people called it a scam and described it as incredibly irresponsible.

“Disgusting way to cash in on people’s fears,” a woman wrote. “To say nothing of the ethics of the rest of it.”

Commenters replied to the woman that she was not being forced to submit her child’s name, and that the $100 is worth it so their child won’t have to wear a mask.

While children 12 and older are eligible in Washington state to receive the Pfizer vaccine, the Department of Health and Governor’s Office have said face coverings will be mandatory for K-12 students while indoors for in-person education.

Other public health rules for the upcoming year include ventilation, cleaning and disinfecting, and requirements on how schools will respond to new COVID cases.

Face coverings are not required while the students are outdoors, but they will be encouraged to wear a mask in crowded outdoor settings if unvaccinated.

Risk to child

A parent or legal guardian seeking the exemption must fill out a separate worksheet for each child. If they answer “yes” to both of the questions, they are instructed to write their initials and sign the form.

Celski says once the document is finalized by his office, it will be sent back to the parent in a prepaid, self-addressed envelope turned in at the same time as the completed worksheet. Then the parent can provide the document to their child’s school and school district, to be included in the student’s file.

When one Facebook commenter asked if Tri-Cities school districts will accept the exemption letter without Dr. Amy Person — the Tri-Cities area public health officer — first signing off on it, Celski replied: “This letter is 100% in accordance to DOH guidelines, our queen cannot deny them.”

The commenter then said they previously had a similar letter signed by two doctors, along with a psychologist’s diagnosis letter, and Dr. Person still only approved it for 30 days for her child.

Celski’s response was, “Sounds like she needs some legal help ... just sayin.”

Another commenter asked what can be done if the school denies the exemption after receiving the law firm’s letter.

“If for what ever reason they do, 1st, I will fight them on it,” Celski wrote in the comments section. “2, if it still doesn’t even after that I will refund the $100 in full.”

Some K-12 employees also took to the Celski Law Firm’s Facebook page asking for exemption forms for them too, or if Celski will be taking that up next. The employees said they are regulated by the Washington state Department of Labor & Industries.

Pandemic’s fifth wave

The number of new daily COVID-19 cases are on the rise in the Tri-Cities, as the state of Washington is in its fifth wave of the pandemic.

The Benton Franklin Health District announced Friday that three more Tri-Cities area residents have died from complications of COVID, including a man in his 30s.

Since the start of the pandemic, 349 Tri-Cities area residents have died from the coronavirus, including 233 Benton County residents and 116 Franklin County residents.

In all of Washington state, 6,078 deaths due to the coronavirus have been reported since the start of the pandemic.

Benton Franklin Health District officials blame the Delta variant of the virus, which spreads much more easily than the original strain from person to person, on the number of Tri-Cities area people who are not vaccinated.

COVID vaccination rates continue to lag the statewide rates in Benton County by 13 to 16 percentage points and 20 to 22 percentage points in Franklin County.

Fighting state fines

This is not the first time that Celski and his law firm have fought or sought a way around state regulations since the coronavirus began nearly 1 1/2 years ago.

Last November, as several Tri-Cities restaurants and bars defied Gov. Jay Inslee’s order prohibiting indoor service, Celski announced that his firm would provide free legal representation to fight any state-imposed fines served on small businesses.

“As a small business ourselves, we understand that these new restrictions may result in the closures of many of our fellow businesses and our community as a whole,” he wrote on Facebook at the time. “In an effort to support our community, Celski Law will offer these Pro Bono services to these businesses in an effort to fight these new restrictions. Let’s keep our community thriving together!”