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An application was submitted late Thursday afternoon to overturn a stay placed on the state mask mandate after the state Department of Health appealed a Commonwealth Court decision on the matter Wednesday.
Attorney Thomas King III, representing the plaintiffs, confirmed the filing, which seeks to negate the stay on the mask mandate, which was automatically awarded due to the state's appeal.
“Within mere hours of this court's order, the acting secretary appealed to the Pennsylvania Supreme Court with complete disregard to the ongoing violation of Pennsylvania law,” the application said.
On Wednesday, the Commonwealth Court ruled 4-1 in favor of the plaintiffs, stating Acting Health Secretary Alison Beam did not have the authority and ignored regulatory procedures when enacting the mask mandate, which required universal masking in schools across the state.
The decision made the mandate void and unenforceable. The stay is a reflexive part of the appeals process and continues to give power to the mandate, despite the decision.
“Further, there are no circumstances under which an illegal order should continue regardless of its intended consequences,” the application argued.
Seven of the nine parents listed as plaintiffs, not including two legislators, are Butler County residents whose children attend schools, including Butler Area School District, Slippery Rock Area School District and Calvary Academy.
