Masks continue to be imposed on school district by Federal judge

As mask mandates are being lifted across the country the Perkiomen School District in Montgomery County must stay masked says Judge Wendy Beetlestone of the United States Court of Appeals for the Third Circuit.  The school district filed a motion to change its mask mandate which has been ordered by Judge Beetlestone since late January.

The judge dismissed the motion and ordered the school district to submit a supplemental briefing on “the application of the relevant provisions of the Americans with Disabilities Act and/or of the Act’s implementing regulations, to the change in circumstances argued in their Motion; and, the effect, if any, on this matter of the Third Circuit’s March 1, 2022 Order.”

The plaintiffs in this case are the families of three elementary school children who have asthma and believe that their children are endangered by their association with people who are not masked.  The judge has supported the plaintiffs claims in this case and has blocked most to the school districts expert witnesses and supporting scientific documentation.

It has been, tacitly, acknowledged by the CDC that children’s risk from Sars-CoV-2 is lesser than the risk from seasonal flu.  The biggest difference between seasonal flu and the illness syndrome known as Covid19 is the intense psychological pressure and propaganda that has accompanied the appearance of this new corona virus.

What is of national concern in this case is the Federal judge’s implementation of the Americans with Disabilities, Act 42 U.S.C. § 1201.  This is a novel interpretation of the act that could have significant impact if left to stand.

Student’s walked out on Jan. 27th to protest the original order from Judge Beetlestone and the school districts reimplantation of their mask mandate that had gone mask optional on Jan. 21st.  Parents and students have been simmering in rage since the judge’s order and future walk outs are likely.