Parents list health and education issues in mask costume against Pennsbury
Three parents from Pennsbury have filed a lawsuit against the school district over its COVID-19 masking requirements.
Athena Argyris, Bradford Child and Richard Mattis filed a lawsuit Sept. 24 in the Bucks County Common Plea Court.
Each parent alleges that their children’s health and education have been affected by having to wear face coverings in school.
J. Chadwick Schnee, a lawyer with the law firm of Tucker Hull, represents them.
The parents’ trial Seeks a judgment declaring that the Pennsbury School District does not have the legal authority to require students to wear masks during in-person instruction and on unscheduled buses issued by the Bucks County Department of Health .
The lawsuit also asks a judge to determine that religious or philosophical objections to the masking requirements must be respected in accordance with public school code.
All three parents want permanent injunction on Pennsbury’s health and safety plan, which requires students to wear masks during learning and on school buses.
They are seeking an order declaring parts of the plan requiring masks to be ruled invalid.
Pennsbury was one of the few Bucks school districts that chose to start the year 2021-22 with face covers for some or all of the students.
Days before the start of the new school year in August, the Pennsbury School Board voted to change the plan to include mandatory masks for all students and staff from Kindergarten to Grade 12 as students cases of the delta variant were increasing.
On August 31, Governor Tom Wolf announced that masks would be mandatory in Commonwealth schools amid the resurgence of COVID cases.
The lawsuit cites the Disease Control and Prevention Act of 1955, which states that the Pennsylvania Department of Health has authority over disease control and prevention in areas not served by a local Department of Health. health.
The Bucks County Health Department has “exclusive authority” over COVID-19 mitigation in the county, according to the filing.
He also says the Pennsylvania Department of Health has failed to find the local health department has an “inadequate” disease control program that could harm residents of Bucks County.
As a result, the state’s health department lacks the capacity to take actions that impact disease prevention in Bucks County, according to the lawsuit.
The county health department itself has never issued an order or warrant regarding the masking.
Instead, as court documents point out, he had only recommended that students wear masks ahead of the statewide mandate that went into effect on September 7.
Argyris said her child had tantrums and suffered from anxiety and depression from wearing masks.
The lawsuit claims that her once sociable son’s grades, previously As and B, had dropped to C and below due to concentration issues at school.
Richard Mattis’ daughter was struggling to breathe and communicate with teachers and switched to virtual learning late last year.
In addition to the fact that Bradford Child’s child struggles to breathe with masks on, the family say they have medical and philosophical objections to wearing masks.
Pennsbury spokeswoman Jennifer Neill said the school district had yet to be served with the lawsuit, but would respond appropriately through his lawyer if and when they were served.
“The Pennsbury School District remains committed to providing a safe learning environment for all students and staff. We operate under orders issued on January 29, 2021 by the Centers for Disease Control and Prevention; and August 31. 2021, by the Pennsylvania Department of Health, ”Neill replied in an email.