Pa. Rep. Nelson, parents file suit against 4 Westmoreland school districts over mask mandate

A group of parents, along with state Rep. Eric Nelson, R-Hempfield, filed a lawsuit against several local school districts alleging the state-issued mask mandate is unconstitutional.

The suit was filed in Pennsylvania Court of Common Pleas against Hempfield Area, Norwin, Penn-Trafford and Kiski Area school districts by a group of 20 plaintiffs with children in those districts.

In it, they claim “my child, my choice” is the answer to the state-issued mandate and enforcement within K-12 schools. Districts across the state have required students and staff to wear face coverings in school buildings since the Pennsylvania Department of Health issued the mandate in September.

“There’s not a dollar amount. We are seeking a judgment of a local judge to be able to underscore the opportunity for local control,” Nelson, who has three children attending Hempfield Area, told the Tribune-Review. “There’s not a dollar or penalty amount against the districts themselves. Our goal is to get healthy children back into the classroom.”

Hempfield Area Superintendent Tammy Wolicki said the district has not yet been served with the suit. She declined further comment.

In the complaint, filed by Murrysville-based attorney James Welsh, the plaintiffs contend the mandate cannot be legally enforced by districts during in-person learning.

They ask the court to declare the mandate an unconstitutional violation of students’ right to privacy, the Equal Protection Clause, the 14th amendment and a violation of free speech rights. They also ask that the defendants allow for medical or religious objections to the mandate.

In addition, plaintiffs asked the court to enjoin the districts from enforcing the mask mandate, according to the lawsuit.

The school districts included in the suit originally voted to have a mask-optional policies in health and safety plans submitted to the state over the summer, according to the complaint. However, after the state issued the mandate, the districts reversed their original decision and required all students to wear face masks.

“This decision was made by the districts through their superintendent and/or school boards without notice and opportunity to be heard,” the suit reads. “It is believed … the defendants were all forced or coerced by the Department of Education or the Department of Health” with threats of loss of funding, fines and governmental immunity to the schools and individual board members.

“We’re really looking forward to have a local court address the issue because our goal, it’s a pro-school district, pro-parent initiative to really clarify that those four districts were forced to change course only as a result of the threats placed upon them by the Department of Health,” Nelson said.

The decision to have students wear face coverings caused the plaintiffs and others to be harmed, with children experiencing symptoms of depression, anxiety and difficulty in communicating with teachers and classmates, according to the lawsuit.

It also contends wearing masks causes children to experience shortness of breath, increased infections, decreased immune systems, headaches, confusion and psychological trauma because of bullying from peers.

The suit also states that children are less likely to contract covid-19 and that there is “no credible evidence that forcing children to wear masks slows or prevents” spread of the virus.

“Any mandate or enforcement that subjects a child to the above is completely unconstitutional, invalid and flies in the face of the longstanding principal in this Commonwealth that we should always look at the best interest of the child when actions are taken that affect children,” the suit reads.

Several other lawsuits questioning the validity of the mask mandate are making their way through the court system, including one filed by Pa. Senate President Pro Tempore Jake Corman, R-Centre, and Rep. Jesse Topper, R-Bedford. Among plaintiffs in that suit are parents from three regional school districts — Butler Area and Slippery Rock in Butler County, and Wyomissing Area in Berks County — and two private Christian schools.

The suit states the mandate denies the right to a free and appropriate education and also disrupts a child’s education.

Another lawsuit was filed Sept. 8 by parents with children in school district across the state. The suit states that Alison Beam, Pennsylvania’s acting health secretary, lacks the legal authority to issue the mandate and that the order does not allow for religious or philosophical objections.

The lawsuit against the four local school districts seeks to stop the defendants from enforcing the mask mandate and asks that the portion of the mandate related to the use of face coverings be deemed unconstitutional, therefore void. Plaintiffs also are seeking damages and attorneys’ fees and costs.