Hempfield Area school officials opt not to join mask lawsuit by 6-3 vote

Hempfield Area School Board members voted Monday night against joining a lawsuit against a state-issued mask mandate by a 6-3 vote, with several saying they felt joining the suit would do little but cost the district money.

“I think there are more important things to spend taxpayer dollars on than this, especially because it doesn’t make any immediate change,” board member Vince DeAugustine said.

“This lawsuit is going to move forward whether or not Hempfield joins in,” board member Paul Ward said. “A vote on this, to me, is more about making a political statement than about making a real impact.”

Board President Tony Bompiani said his vote is not political at all, but simply a response to what he felt was overreach by the state government.

“If we allow the Department of Health to dictate something they should not be dictating, and if we don’t stand up to it, what will happen further down the road?” asked Bompiani, who briefly relinquished the president’s gavel to second Jennifer Bretz’s motion to join the lawsuit. “The next mandate down the road might be vaccinations for children.”

Bretz asked that the district file a brief to join the lawsuit at a cost not to exceed $1,800. Bompiani and board member Michael Alfery supported Bretz’s motion.

Lawsuits against the mask mandate quickly gained traction after Alison Beam, Pennsylvania’s acting health secretary, issued an order last month requiring staff and students in public K-12 schools wear a face covering. Hempfield board members discussed their options against the order in September, when they voted to meet with the solicitor for further information on the suits.

There are two lawsuits filed in Pennsylvania Commonwealth Court against the mask mandate.

The first lawsuit, filed Sept. 3, states that Beam failed to comply with state law when issuing the mandate. It was filed by Senate President Pro Tempore Jake Corman, R-Centre, and Rep. Jesse Topper, R-Bedford. Plaintiffs include parents from three regional school districts — Butler Area and Slippery Rock in Butler County, and Wyomissing Area in Berks County — two private Christian schools, and Penncrest, Chestnut Ridge and West York Area school districts.

A second lawsuit was filed days later stating that Beam lacks the legal authority to issue the mandate and that the order does not allow for religious or philosophical objections. Among plaintiffs in that lawsuit are parents with students in the Fox Chapel Area School District in Allegheny County as well as families in four other school districts in other parts of the state.

District officials said they would begin enforcing the mask mandate for meeting attendees this month, a change from the September meetings when the majority of parents and students did not wear face coverings. Monday’s meeting was held virtually, over concerns people would not comply with the mandate.

“I’ve heard the frustrations of parents at the past few meetings,” Bretz said. “I am not for the mask mandate. I am for parent choice, and I think this is steps we can take to be an advocate for their voice.”

Board member Diane Ciabattoni said she wanted the district’s focus to be on education, “and I’m afraid this action will not keep our focus there.”

Board member Scott Learn said he was disappointed to watch as the health department’s mandate “took the health and safety plan that our administration worked so hard for and basically took it out of our hands.”

“I don’t want to spend the district’s money on something that isn’t going to move the dial,” Learn said. “I think our kids’ education is more important than something that isn’t going to get a good return on investment.”

The school board’s next meeting is set for 7 p.m. Oct. 18. Bompiani said the meeting will be open to the public.