A Commonwealth Court Judge has tossed the Wolf Administration's school mask mandate, but an appeal by state keeps the mandate in place.
In a 4-1 opinion issued by Commonwealth Judge Christine Cannon, the court ruled the mask order was void from the beginning and unenforceable because Acting Health Secretary Alison Beam did not use to proper procedures to issue the mandate.
The court found the mandate was issued without legislative movement and not declared under a declaration of disaster emergency.
“Because the Acting Secretary did not comply with the requirements of the Commonwealth Documents Law or the Regulatory Review Act in promulgating the Masking Order, the Masking Order is void (from the beginning),” the ruling states. “For this court to otherwise would be tantamount to giving the Acting Secretary unbridled authority to issue orders with the effect of regulations in the absence of either a gubernatorial proclamation of disaster emergency or compliance with the Commonwealth Documents Law and the Regulatory Review Act, as passed by the General Assembly.”
The ruling is in favor of a group of parents, including State Sen. Jake Corman (R-Centre) and State. Rep. Jesse Topper (R-Bedford) who petitioned the court to overturn the mandate.
Topper gave his reaction on the Lynne Hayes-Freeland show Thursday.
“We’re very happy, we believe the whole time that we certainly had a very good case, but you never know how these things are going to play out, the courts have been so highly politicized over the past few years, but on the merits of the case we felt it was very strong and very pleased that the court agreed,” said Topper.
The Pennsylvania Department of Health appealed the ruling Wednesday afternoon, which puts a stay on the decision.
"The Secretary of Health's authority is clearly outlined in existing law," said Department of Health press secretary Mark O'Neill. "The Department of Health has directed counsel to file an appeal today. Filing of the appeal will immediately stay the Commonwealth Court’s decision."
Thomas Breth, the attorney representing the families in the case tells News Radio KDKA his team will attempt to prevent a stay from happening.
"We're still looking at our legal options, but we anticipate that we're going to go back to the Commonwealth Court, and if need be, with the Pennsylvania Supreme Court and file something in opposition to any effort to stay the Commonwealth Court's decision, Breth said."
On Monday the Wolf Administration announced their plans to end the mask mandate for K-12 students beginning on January 17.