Pittsburgh Post-Gazette

Butler Area schools, parents file lawsuit against Wolf

- By Matt Miller pennlive.com The Patriot-News (Harrisburg, Pa.), www.pennlive.com

The Butler Area school board and nine parents are claiming that Gov. Tom Wolf’s latest COVID-19 restrictio­ns are illegal and have asked Commonweal­th Court to overturn his temporary ban on extracurri­cular activities, including interschol­astic sports.

In a petition filed Tuesday, they also urged the court to block any moves by Mr. Wolf or Health Secretary Dr. Rachel Levine to force districts to go to remote-only learning.

They claim Mr. Wolf and Dr. Levine lack the authority to force coronaviru­s curbs on school districts that don’t agree to follow all guidance issued by state officials aimed at containing the spread of COVID-19.

Such decisions rest with the individual school boards and the Legislatur­e, the board and parents contend.

The school board’s petition blasts an “attestatio­n order” Dr. Levine issued requiring school boards in counties with high virus counts to sign and pledge compliance with COVID-19 containmen­t measures.

The Butler board said it did so under pressure and a threat to force non-signers to stop in-person education.

The board and the parents also claim Mr. Wolf lacks the power to impose the temporary halt to the winter interschol­astic sports season. The governor issued that order last week but didn’t place similar curbs on collegiate and profession­al sports, they note.

Mr. Wolf’s orders exceed his authority under the state Constituti­on and usurp the power of the Legislatur­e and the individual school boards, the Butler board contends.

“Under the separation of powers, the legislativ­e branch of government creates laws and the governor is bound to execute them, not to create or interpret them,” the petition states.

The Butler board and the parents are asking Commonweal­th Court to declare as unlawful Mr. Wolf’s and Dr. Levine’s orders as they pertain to schools.

Mr. Wolf and Dr. Levine have contended their school and other directives are vital to curb the spread of COVID19, which is running rampant. Other directives have closed gyms and health clubs and banned indoor dining at restaurant­s.

The restrictio­ns took effect Saturday and are to remain in force until Jan. 4.

Newspapers in English

Newspapers from United States