PA Parents Fight School Mask Mandate, Say Harm of Missing School Irreparable

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Pennsylvania School Mask Mandate Injunction Petition Overview:

• Who: Parents of children who attend schools in Pennsylvania are seeking an injunction blocking the state’s mask mandate in schools.
• Why: The parents say there are no exceptions to the mandate so children who cannot wear masks are missing school .
• Where: The mandate is effective in Pennsylvania.

A group of Pennsylvania parents won’t back down in their fight to have a mandate requiring all children to wear masks in school put on hold.

In a petition for an injunction to prevent the masks in schools mandate filed in a Pennsylvania federal court Dec. 2, 10 parents argue that the Aug. 31 mandate is unauthorized. 

The parents say the issue is that while a medical exemption to wearing a mask at school is built into the mandate, some medically exempt children are still being forced to wear a mask. 

“Numerous parents seeking such an exemption have been informed by their personal care physician or pediatrician that no physician will support such an exemption pursuant to orders from their health care providers including the University of Pittsburgh Medical Center (UPMC),” the petition says.

The petition names Alison Beam, Acting Secretary of the Pennsylvania Department of Health; Sherri L. Smith, Ed.D., Acting Deputy Secretary of the Pennsylvania Department of Education; and UPMC as defendants.

Parents Say Kids Have Not Been Able to Attend School Maskless, Even With Medical Exemptions

The parents say the fact kids have not been able to go to school maskless, even with medical exemptions, has meant children with a disability have been denied the benefits of “in-person” education.

“The Plaintiffs aver that their children have been turned away from school as they are unable to wear a mask and have been deprived of their rights to a public education,” the petition states.

They say some kids have been forced to wear masks that could cause them harm, and others have had to share medical information seeking an exemption that they shouldn’t have to share. 

“The harm caused by the actions of the Defendants is irreparable because the loss or even partial loss of a child’s right to a free public education cannot be adequately compensated by money damages,” the petition states. 

As the coronavirus pandemic continues, its effects on schools have not gone unnoticed — especially by the courts. Schools, school districts and top officials across the country are facing class action lawsuits over their various COVID-19 responses. 

Several class action lawsuits involve schools’ mask or COVID-19 vaccine mandates with many arguing against them while others fight to implement mandates. Click here for more information.

Do you think all children should have to wear a mask at school? Let us know in the comments. 

The plaintiffs are represented by Alexander H. Lindsay Jr., Esq of The Lindsay Law Firm, P.C. 

The Pennsylvania Mask Mandate Injunction Petition is Holly McIntyre, et al., v. Alison Beam, et al., Case. No 2:21-cv-01433-WSH in the U.S. District Court for the Western District of Pennsylvania. 

Read About More Class Action Lawsuits & Class Action Settlements:

• NYC Schools Vaccine Mandate Blocked in Appeals Court, Hearing Set for Wednesday
• Texas School District’s Mask-Optional Policy Targeted in Class Action Lawsuit
• Northwestern COVID Tuition Class Action Lawsuit Dumped by Federal Judge
• The Honest Company Lied to Investors About COVID’s Impact, Class Action Lawsuit Alleges