A group of parents in Erie County, are ready to take legal action over the mask mandate in public schools.

Erie County PA Parents Protecting Children has hired a lawyer to challenge the ongoing mask requirement.

The solicitors listed below, received a legal notice Friday morning, informing them of the challenge.

  • Millcreek Township School District (represented by Timothy Sennett, Esq.)
  • Corry School District (represented by Jennifer Gornall, Esq.)
  • Harbor Creek School District (represented by Christopher Sennett, Esq.)
  • Girard School District (represented by Christine McClure, Esq.)
  • Fort LeBoeuf School District (represented by George Joseph, Esq.)
  • Northwestern School District (represented by George Joseph, Esq.)
  • Fairview School District (represented by George Joseph, Esq.)
  • General McLane School District (represented by James McDonald, Esq.)
  • North East School District (represented by Timothy Sennett, Esq.)

The group is being represented by attorney J. Chadwick Schnee of Tucker Hull LLC.

Schnee is one of the attorneys who successfully challenged the Acting Secretary of Health's masking order in the Commonwealth Court.

The PA Supreme Court determined the secretary lacked the authority to impose mask requirements.

"I think what's important to note here, is that we just litigated the issue about whether the secretary of health--under the disease prevention and control law--has the legal authority to require masking and the courts found that she did not,” said Schnee. “How does the school make the leap that it has the power to require masks?”

Earlier this week, Erie County Executive Brenton Davis lifted the mask mandate for Erie County schools, leaving it up to each district to make its own decision.

According to Schnee, public schools do not have the legal authority to require masking.

“They believe this is a power they have, under the general rules and regulations out there,” said Schnee. “The problem is, that rule making power is not unlimited and schools have to act within their statutory powers and constitutional restraints."

Schnee says any masking policies or test-to-stay programs could be discriminatory and open to legal action.

"What we're hoping to see out of this, is a challenge to an exercise in government overreach,” said Schnee. “This is just another example of government agencies expressing power and taking power that they do not have in existing law or regulation."

Erie News Now reached out to Tim Sennett, who serves as the solicitor for two of the districts listed in the notice.

Sennett says that his office is currently reviewing the notice before making any decision.