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CONSIDERATIONS FOR SCHOOL BOARD MEMBERS ABOUT THE PENNSYLVANIA DEPARTMENT OF HEALTH SCHOOL MASKING ORDER
Feel free to post or circulate this.
​Posted 9-11-21
PDF Link Below in red
 
As I mentioned, this is focused on school board members. I am hoping that this well help school board members to understand the legal problems with the masking order,  ask tough questions at board meetings and understand that the order is toothless. There is a real possibility of schools getting sued for enforcing the order in schools.
I had hoped to come up with more examples for some of the arguments, but I wanted to get this out can issue a supplement later.
If you want to set up a meeting to discuss this or masking law in general, I’m happy to do it.
 
Eric Winter, Esq., Prince Law Offices, P.C.
646 Lenape Rd, Bechtelsville, PA 19505
888-313-0416, 610-845-3903 (fax)
eewinter@princelaw.com

CONSIDERATIONS FOR SCHOOL BOARD MEMBERS ABOUT THE PENNSYLVANIA DEPARTMENT OF HEALTH SCHOOL MASKING ORDER PDF to download click here

 9-15-21 FreePA's Attorney Eric Winter
Gives Zoom Presentation on
​School Masking Mandates
CLICK HERE FOR RECORDING

Here are notes from Attorney Eric Winters Zoom meeting.
Eric Winter describes why this mask mandate is illegal.
Listen to his live video for that and more information.
​
Statewide school districts are falling into 5 different categories. There are 500 districts.
#1  School Districts allows a parent to sign for an exception whether medical or religious with no questions asked or little questioning. Which is what the "mandate" calls for.
#2  This group of School Districts are asking for a medical professional to sign off on an exception.
#3 This group of School Districts  ask for a medical doctor to sign off even though the mandate does not require this. Most doctors are refusing to do this out of fear.
#4 This group of School Districts  are asking for more supporting medical information which is also not a requirement of the mandate.
#5 The last group of School Districts  are pushing parents for 504s & IEPs & not accepting the exceptions.

Students having distress with wearing a face covering or choose not to wear face coverings DO NOT fit the criteria for such action. It comes down to more money brought into the school district not the student's needs which is a form of discrimination.

Which one is yours & what can you do about it?
Eric talks about sovereign immunity, a situation in which school districts cannot be sued except for a few significant items but definitely not for a virus. Educate your School Districts ​ & solicitors on this fact.
WHAT CAN YOU DO? First realize that these school districts answer to you not the secretary of health or the governor. If your exceptions are denied, segregation takes place, or any other discriminatory behavior you can:
(1) File a complaint with the PA HUMAN RELATIONS COMMISSION  Link to file complaint: CLICK HERE, three pages to mail in and give a copy to your School District. With the hundreds of complaints being filed, School Districts need to realize that: it costs you nothing & they will have to answer to each complaint, which will cost them. You may receive punitive damages if the denials, abuse, or mental distress is severe enough.
(2) A ChildLine report can be made IF: any school personnel lays hands on a student, is out of line with their actions or language, a child Line report can be filed. An investigation must take place. LINK: CHILDLINE
(3) File A Complaint with the PA Dept of ED: if school personnel cross the line.
LINK: PA DEPT OF ED COMPLAINT
(4) Also school districts can be sued due to civil rights violated or discrimination is severe enough.
(5) Be aware that there are two law suits on the table against this mandate.

KNOW your rights, your strengths & protect your children. 

IMPORTANT PA MASKING ARGUMENT
UPDATE: 10-21-2021 
Email received this morning from our attorney Eric Winter about court case yesterday:
The MASKING ARGUMENT occurred yesterday before the Commonwealth Court- beginning just after noon and continuing until around 1:30. I was able to listen to all but the last 10 minutes as I had to go to court.

Unfortunately it appears that the video of the session is no longer available. If anyone has the video, please let me know. For those of you who did not get to see the argument, the most thorough article that I’ve seen so far is here:
 TribLive:  https://triblive.com/.../commonwealth-court-panel-hears.../

FULL RECORDING: https://www.laststrawlabs.com/storage/court/ 

You will notice that some of the media ignored that the argument occurred, some simply acknowledged that it happened, and some provided very selective details. TribLive did a very accurate job and should be commended.

Things went poorly for the Department of Health. To be clear, Karen Romano, the Deputy Attorney General who represented the Department of Health, is a fantastic attorney. She has successfully handled some of the toughest cases in Pennsylvania for years. The Secretary of Health’s awful order put Ms. Romano in a terrible position and she had very little to work with. As I’ve discussed previously, this masking order is outside of past practice in many ways.

Tom Breth and Chad Schnee did a great job. Please keep those names in mind if you need an attorney. They did a fantastic service for the People of Pennsylvania. For all of us who believed that the orders were a violation of our rights, we have been vindicated. The Commonwealth Court Judges appeared to strongly agree with those arguments and presented hard questions to the Department of Health, which the Department of Health could not answer satisfactorily.

The Commonwealth Court can now issue its order at any time. It probably won’t be today, but I expect it soon. The 5 judges who heard the case, now need to deliberate. They need to see if they can agree on a single order and opinion explaining their position, or whether we are going to get dissents or concurrences to go with the main opinion.

There are additional questions that you can ask YOUR school board/school solicitor:
1. Did the solicitor read the briefs/watch the argument? If not, why not?
2. Does the solicitor share the multiple concerns about the legality of the order that were raised by the Commonwealth Court judges in the argument? Why didn’t the solicitor discuss these concerns in detail with the board?
3. If the school masking order is found to be legally invalid, is the school district going to be taking steps to make reparations to students that were negatively affected by the order?

Eric Winter, Esq., Prince Law Offices, P.C.
646 Lenape Rd, Bechtelsville, PA 19505
888-313-0416, 610-845-3903 (fax)
eewinter@princelaw.com
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