Butler Area schools, parents file lawsuit against Wolf
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.