HARRISBURG, Pa. — The fight against Pennsylvania's school mask mandate continued Wednesday in Harrisburg, as a hearing is held in Pennsylvania Commonwealth Court for a lawsuit challenging the protocol.
"I believe our children’s rights, our parent's rights have been violated by this mask mandate and they are not receiving if they choose to wear a mask, equal education," said Marrianne Mortensen, a parent in the Cambria Heights School District.
The suit, filed in Commonwealth Court, asserts that Acting Health Secretary Alison Beam failed to comply with state law when she ordered masks to be worn in all Pennsylvania public and private schools, as well as child care facilities.
"And now somebody who doesn’t know my child thinks they’re going to make the decisions and that’s just now right," said Kaela McCann, a parent.
The masking order isn’t valid because it didn’t go through the state’s regulatory review process, the lawsuit said. It also accused the Wolf Administration of trying to circumvent newly approved constitutional amendments limiting a governor’s emergency powers.
Acting Secretary of Health Alison Beam issued the protocol on K through 12 schools in September and said she was allowed this by current laws in the state.
"This order is necessary and appropriate to protect children and students from the spread of COVID-19 and made under the authority granted in the Disease and Prevention Control Law, the Administrative Code of 1929, and the Pennsylvania Code," she said at the time.
Currently, the Pennsylvania Department of Health has reported COVID-19 cases in children to be 9 times greater this year than in 2020. The department reported 955 COVID-19 cases in children through age 4 from Oct. 6 to 12 and 6,433 cases in kids ages 5 to 11.
The reported increase is why Dr. Pia Fenimore, vice-chair of pediatrics for Lancaster General Health, Penn Medicine, says wearing a mask is the best way to prevent the spread in children.
"I think it bears repeating that masks really have been shown to prevent the transmission of COVID-19," she said, "They're a simple, easy thing we can all do to protect ourselves and other people."
The plaintiffs involved in the court case against Beam are Republican state lawmakers including Republican State Senator Pro Tempore Jake Corman, parents, and schools.
The judges are expected to make a decision on the case in the coming weeks.