A Pennsylvania court ruled Wednesday that the state’s health secretary did not have authority to issue a school mask mandate, the latest twist in a nationwide dispute over requiring masks in schools.
The Pennsylvania Commonwealth Court immediately struck down the state’s school mask mandate, which Judge Christine Fizano Cannon wrote, for failing to comply with Pennsylvania’s Commonwealth Document Law and Regulatory Review Act.
Governor Tom Wolf’s office told Businesshala It will appeal, which will stay the court order and leave the mask requirement until the High Court rules.
In August, Acting Health Secretary Alison Beam ordered all students, teachers and staff to wear masks inside schools, regardless of vaccination status.
A group of parents, including pro tempore Jake Corman, president of the Pennsylvania Senate, sued In September the health secretary alleged that the mask was essentially illegal.
Canon wrote that the court’s ruling focused only on the “narrow legal question” of Beam’s right to enforce the mask order, and that it expressed “no opinion” on the “science or efficacy of wearing a mask”.
Wolf’s press secretary Elizabeth Rementor disputed the court’s opinion on Wednesday, saying Businesshala In an email to the “Secretary of the Right to Health as expressly outlined in the existing legislation.”