(The Post Millennial) – The Orange County Board of Education announced on Tuesday that it plans to sue California Governor Gavin Newsom over his mandating of masks for school children, a decision which they call “unwarranted.”

The board voted 4-0 to sue the Democrat governor, saying that Governor Newsom has abused his authority when he indefinitely issued health orders under the provision of emergency powers, according to the Orange County Register.

“He has now misused that power in a way that threatens serious harm to Orange County’s children,” board members wrote.

The board additionally questioned the need for masks in schools.

“Putting aside for the moment the lack of a sound medical or scientific basis for the Governor’s requirement to mask school children (who in general are neither at risk from COVID-19 nor likely to spread it), and also putting aside the lack of any thoughtful, well-considered and transparent balancing of the substantial harms of forced masking of juveniles against the purported benefits…”

“…the Governor and his state-level executive agencies do not have the power to continue the state of emergency indefinitely, and to continue to suspend the Administrative Procedure Act to circumvent normal agency rule making requirement,” the board said.

They back their claims with studies showing that there are physical and mental harms, both short and long term, to masking young children in school.

The Orange County Register reports that at least three school boards in Orange County voted to ask the state to loosen mask requirements, making them a personal choice rather than a mandate.

California handling of schools during the COVID-19 pandemic has been controversial, as it included long school closures. Those closures had also resulted to a lawsuit, which was represented pro-bono by the same law firm, Tyler & Bursch, that will representing the Orange County Board of Education in their case against forced masking.