School board settles mask lawsuit
The lawsuit against Warren County School District regarding its masks policies will be dismissed.
In order to do away with the suit brought by the parents of nine minor students who were not named, and the federal restraining order and preliminary injunction already issued on the matter, the school board had to approve a consent order.
The board voted unanimously and without discussion to approve the motion at a special meeting Monday night.
The consent order issued by the U.S. District Court for the Western District of Pennsylvania details a timeline of the mask mandate and the district’s actions in response.
On Aug. 31, the acting Secretary of the Pennsylvania Department of Health issued an “order directing face coverings in school entities” requiring face coverings in schools starting Sept. 7.
The Pennsylvania Department of Health sent “a directive to all school districts” saying the order was “not a mask optional policy and that any exception… must include evidence that a student has a medical or mental health condition or disability that precludes the wearing of a face covering” on Sept. 10.
“On Sept. 13, the school board… voted to modify the district’s facemask policy to allow parents/guardians to sign a form excepting their students from the requirement to wear a face covering without providing any evident…”
The suit was filed on Oct. 4, requesting a temporary restraining order and preliminary injunction against that modification of the policy.
The court issued the requested temporary restraining order following an Oct. 5 hearing.
And, on Oct. 8, the board voted to rescind the policy change and comply with the August order.
“In order to fully resolve the plaintiffs’ complaint, motion for temporary restraining order and motion for preliminary injunction…
“The district shall comply with the August Department of Health order as interpreted by the September Pennsylvania Department of Education directive…”
“Plaintiffs are deemed the prevailing party in this action.”
The plaintiffs’ attorney “shall file” a petition requesting fees incurred in the case be paid by the district, which has 14 days to respond.
In return, the case is dismissed “with prejudice.”





