WEST CHESTER, Pa. – A judge ordered five school board members who voted at the beginning of the school year to make masks mandatory to be immediately removed from office as their demand flies in the face of a Pennsylvania Supreme Court ruling and they failed to respond to a legal parent petition.
The judge’s order for removal is specifically the result of a parent-filed petition to the West Chester Area School District back in February, Fox News reported.
The petition refers to masks as “unapproved medical devices,” argues that schools aren’t allowed to exclude children who have had COVID-19, and says that by requiring masks without informed consent, board members have committed “medical battery” against children. It also claims the board implemented policies falling under the definition of “suffocating” and “child abuse,” The Meadville Tribune reported.
The Pennsylvania legislature ended the state of emergency requiring mask mandates in June 2021, according to Spotlight PA. Nevertheless, the board opted to continue requiring masks.
However, the Pennsylvania Supreme Court declared the mandate unconstitutional in December, the Philadelphia Inquirer reported.
In a move to spite the court’s authority, the board kept the face mask mandate in place, which led to the ire of many parents.
Beth Ann Rosica is part of the parent group seeking relief. She argued that under the Pennsylvania school code, these districts have no authority to require students to wear masks.
The school board ignored the parents and failed to respond to the February petition.
As a result, Judge William Mahon of the Court of Common Pleas ordered the removal of five school board members who are all Democrats, Fox reported.
The Meadville Tribune identified the ousted school board members as Sue Tiernan, Joyce Chester, Kate Shaw, Karen Herrmann and Daryl Durnell.
Attorney Kenneth Roos represents the board members. They’ve submitted a motion for reconsideration of Judge Mahon’s order Tuesday night. It wasn’t immediately clear what outcome that petition could have.
The decision from the Court of Common Pleas “states that the removal of the board members named in the petition was a ‘procedural result’ and does not address any of the allegations made in the complaint” a statement from Superintendent Dr. Robert Sokolowski reads. “Special counsel to the district is in the process of preparing a substantive response on behalf of those school board members named in the petition.”
Sokolowski told district families and members of the community that due to the ongoing legal matter he will not be able to provide additional comments, but would provide updates when he can.
Judge Mahon gave both parent petitioner Rosica and the school district seven days to submit recommendations for replacement board members. A district spokeswoman did not respond to Fox News Digital’s question about whether or not that has been done.
Similar petitions are pending against board members in four other Chester County school districts, including Downingtown, Great Valley, Tredyffrin/Easttown and Coatesville, Rosica said.
