Hempfield school directors consider joining lawsuits against school mask mandate

Members of the Hempfield Area School Board are considering whether to join a lawsuit or file their own against a mask mandate issued by the state earlier this month.

In a 7-1 vote Monday night, board members directed Solicitor Michael Korns to gather information regarding already filed suits that are working their way through the court system. The lawsuits largely were filed earlier this month after the Pennsylvania Department of Health issued a mask mandate for students and staff in K-12 schools.

The board, along with Korns, will meet in executive session at a later date to decide how they will proceed. Board member Diane Ciabattoni voted against the motion. Board member Sonya Brajdic was absent from the meeting. A date was not set immediately for when members would meet in executive session to discuss their options.

“I don’t think by waiting it’s saying that we’re not fighting for our children; we want to get the right information. … I think the timing and the decision (of the mandate) is terrible, but I want to make sure we’re doing the right thing for the school district and have the right information,” board member Paul Ward said.

Several other board members including Vince DeAugustine and Scott Learn agreed with Ward.

“I am personally for (the lawsuit),” board member Jennifer Bretz said. “I am for parent choice. I remain steadfastly in favor of parent choice for masking and support any measure that we can legally implement to support restoring the parents’ right to choose. … We have your best interest. Our hands have been tied, and we’re trying our very best.”

Board member Mike Alfery added, “If we have an opportunity to join any of the lawsuits, I’m 100% in favor of it.”

Ciabattoni, the board member to vote against the motion, said she is “just not comfortable at this time” with moving forward with a decision.

Several lawsuits are in the works across the state, most of which were filed shortly after the mandate went into effect.

Parents from three regional school districts — Butler Area and Slippery Rock in Butler County and Wyomissing Area in Berks County — were among plaintiffs that filed a Sept. 3 lawsuit against the mandate. Included in the suit is Senate President Pro Tempore Jake Corman, R-Centre, Rep. Jesse Topper, R-Bedford, and two private Christian schools.

According to the Associated Press, the suit asserts that Acting Health Secretary Alison Beam failed to comply with state law when she ordered masks be worn in all Pennsylvania public and private schools, as well as in child care facilities. It claims the masking order isn’t valid because it didn’t go through the state’s regulatory review process.

In addition, it accused the Wolf administration of trying to circumvent newly approved constitutional amendments limiting a governor’s emergency powers.

A second lawsuit was filed days later by a group of parents with children in the Parkland and Central Bucks school districts, among others. According to the Lehigh Valley Live, the suit, filed against Beam, says the mandate doesn’t allow for religious or philosophical objections and oversteps the rights of local school districts.

It asks the Pennsylvania Commonwealth Court the throw out the mask mandate.

The decision by Hempfield board members came a week after more than 60 students and parents, the majority of whom were maskless, piled into the Hempfield Area High School auditorium, asking board members to help them fight against the mandate. On Monday, about 30 parents and students returned, with several asking the district to join lawsuits.

Among those who spoke was Hempfield resident John Ventre, a Republican who announced his bid for governor in June.

“We’re lobbying you,” Ventre said. “Push the issue up the ladder. Join the lawsuits.”