PA Commmonwealth Court Overturns Mask Mandate

By William J. Zee & Megan E. Bomba

November 10, 2021

The Pennsylvania Commonwealth Court has overturned Pennsylvania Acting Department of Health (DOH) Secretary Alison Beam’s School Mask Mandate in a decision issued earlier today. The Court, sitting en banc in October, heard two cases concerning the legality of the issuance of the mask mandate, Corman, et al. v. Acting Secretary of the Pa. Department of Health and J.W., et al. v. Allison Beam.

Today's decision immediately voids the DOH issued mask mandate, which has required masking in school buildings since September, and returns decisions regarding masking in schools to local school boards. The ruling comes just days after Governor Tom Wolf announced the intention to lift the mandate on January 17, 2022. Today's decision does not impact the federal requirement that masks be worn on school busses.

As of now, the Wolf Administration has communicated that the DOH directed counsel to file an appeal seeking a stay of today's Order and pursue an appeal with the Pennsylvania Supreme Court.

"Earlier today, the Commonwealth Court issued a ruling voiding Acting Secretary Beam’s school mask order. The state is filing an appeal today, which will trigger a stay of the Court’s ruling and keep the order in effect. Schools should continue to observe the school masking order throughout the duration of the court’s proceedings," said Secretary of Education Noe Ortega in a notice to school administrators.

If a stay is granted, schools will need to enforce the mask mandate until the Supreme Court issues a decision. It was suggested on Monday that additional guidance regarding COVID-19 mitigation in schools would be forthcoming. It is unclear how today's decision will impact other requirements imposed on school entities in connection with COVID-19. The Appel, Yost & Zee Education Law Group will continue to monitor for any developments that come from this ruling.

Should you have any questions regarding this case, or any other questions regarding COVID-19 mitigation issues, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education Law Group.