Judge orders North Allegheny School District to reinstate universal masking

A federal judge on Monday issued a temporary restraining order sought by pro-mask parents in North Allegheny School District, meaning all students, staffers and visitors in district buildings must wear masks when classes resume Tuesday.

The restraining order was requested last week by parents seeking to overturn the district’s mask-optional policy that they say violates the Americans with Disabilities Act.

The parents of four children filed the class action lawsuit last Tuesday, alleging the mask policy forces parents of medically vulnerable students to choose between keeping them at home where “they will likely suffer continued learning loss” or sending them to school in “an environment that presents a serious risk to their health and safety.”

District officials acknowledged the court order in an email to parents Monday afternoon. Officials declined further comment citing the pending litigation.

The lawsuit does not identify the four students but indicated all have medical conditions that leave them particularly vulnerable to covid-19, according to the lawsuit. It also claims that there are as many as 1,557 district students who are “medically fragile disabled students who require the protection afforded by universal masking.”

The school board voted in early December to make masks optional beginning Monday. The vote reversed the district’s health and safety plan, which initially required masks when the county transmission rate is considered substantial or high.

Attorneys for the district argued against the restraining order, noting that the December vote delayed the mask policy change until Jan. 18, the start of the second semester, “to permit all parents and students to make an informed choice of where to enroll in North Allegheny programming to receive services.”

They also noted that the change was preceded by policies implementing more frequent cleaning, social distancing during lunch and cleaning of high-traffic areas during the day.

“Plaintiffs’ argument ignores the fact that the use of masks or shields will not be prohibited on Jan. 18,” district attorneys wrote. “Thus, the plaintiffs and similarly situated students will still have the ability to protect themselves through the wearing of their own masks or face shields.”

The Centers for Disease Control and Prevention, in guidance updated Jan. 13, recommended universal indoor masking for all students older than 2, regardless of vaccination status. The CDC allows for accommodations for those who cannot safely wear a mask.