On Wednesday, the Commonwealth Court of Pennsylvania ruled that a statewide school mask mandate ordered by the state’s acting Health Secretary Alison Beam in August was “void and unenforceable.” In a 4-1 decision, the court ruled that the state bureaucrat overstepped her authority by ordering students to wear masks in school in an attempt to slow the spread of the Chinese coronavirus.
The masking order stated that: “Each teacher, child/student, staff, or visitor working, attending, or visiting a School Entity shall wear a face covering indoors, regardless of vaccination status.” That order extended to private and religious schools, career and technical colleges, and childcare providers.
The state immediately appealed the decision, meaning that the mandate is still in effect for the time being. While announcing the state’s appeal of the decision, a spokesperson for Governor Tom Wolf, a Democrat, claimed that Beam’s authority to issue the mandate was “clearly outlined in existing law.”
But the majority of judges disagreed with that statement. Writing for the majority, Judge Christine Fizzano Cannon explained that the state’s Department of Health “does not have carte blanche authority to impose whatever disease control measures the Department of Health sees fit to implement without regard for the procedures for promulgating rules and regulations, expedited or otherwise.”
The majority opinion was strict in pointing out that they were not ruling on the efficacy or the science related to mask-wearing, only on the procedural process in issuing the mandate, which they said that Acting Health Secretary Beam largely ignored in issuing her own “emergency declaration.”
“The Acting Secretary issued the Masking Order, which is a regulation, without complying with the mandatory rulemaking requirements of the Commonwealth Documents Law and the Regulatory Review Act. In so doing, the Acting Secretary attempted to issue her own emergency declaration about the dangers of COVID-19 and mutations thereof, including the Delta variant,” the court said.
The decision stems from a lawsuit brought by Pennsylvania Senate President Pro Tempore Republican Jake Corman and several other parents against Beam and the Department of Health. Among other things, the suit claimed that the mask mandate was a denial of their children’s right to a free, appropriate public education; caused their children’s education to be disrupted by an illegal order; and significantly altered how educational programming occurs in schools.
“Today’s ruling validates what we have said all along — mask decisions should be made by parents and school boards, NOT unelected bureaucrats. A blanket mandate does not address the unique needs and circumstances of individual communities, and it takes power away from the people who are in the best position to protect our kids,” Corman said in a statement with Senate Majority Leader Kim Ward.
Part of the ruling stems from the fact that there was no statewide declaration of emergency in effect when Beam issued the mandate. Wolf had originally declared an emergency in March of 2020. But in May of this year, voters approved two amendments limiting the governor’s authority to declare such emergencies. Following the adoption of those two amendments in June, the state’s General Assembly approved a resolution terminating the original emergency declaration.
On Monday, the governor announced that he would be returning masking authority to local school districts in January, but that he would continue to order mask-wearing in child care centers and early-learning programs.
“Now, we are in a different place than we were in September, and it is time to prepare for a transition back to a more normal setting,” Wolf said. ”Unfortunately, the COVID-19 virus is now a part of our daily lives.”
But the COVID-19 virus is only a part of our daily lives because of government actions such as this mask mandate. Left to their own devices to make their own decisions, the people of Pennsylvania and the United States would be just fine.
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VICTORY: Pennsylvania court throws out school mask mandate
SEE: https://www.naturalnews.com/2021-11-11-pennsylvania-court-throws-out-school-mask-mandate.html
BY ETHAN HUFF
(Natural News) An effort by Pennsylvania Acting Health Secretary and Branch Covidian Alison Beam to force all public school students in the Commonwealth to wear a mask all day long has been struck down by a state court judge.
Judge Christine Fizzano Cannon ruled that Beam’s mask fetish was unlawfully pushed on students without proper review or approval. It was also done in violation of a constitutional amendment passed by Pennsylvania voters that limits the executive branch’s authority during a state of emergency.
Leftists like Beam love to claim that they support “democracy” when it suits their own agenda. But in this case, democracy did not accomplish what Beam personally wanted so she simply tried to override the will of Pennsylvania voters like some kind of petty dictator.
In her decision, Cannon wrote that Pennsylvania law does not give health secretaries like Beam “the blanket authority to create new rules and regulations out of whole cloth, provided they are related in some way to the control of disease or can otherwise be characterized as disease control measures.”
Cannon also made it clear that she has “no opinion regarding the science or efficacy of mask-wearing or the politics underlying the considerable controversy the subject continues to engender” so that none of the Branch Covidians could accuse her of taking a political side against “science.”
Mask tyrants like Alison Beam need to go
The Commonwealth Court as a whole, it turns out, sided 4-1 with the ranking Republican in the state Senate, as well as numerous others, who banded together to sue the state for Beam’s unlawful mandate, which fictitiously took effect back in early September.
It would seem as though the only people in favor of trampling democracy are public school “educators” and board members who feel as though their own personal opinions on “covid” can simply be decreed on a whim as it personally suits them.
This is not how things work, though – or at least it is not how things are supposed to work. Every single Alison Beam out there must be challenged and challenged hard or else they will continue to turn our country into a Fauci Flu dictatorship.
The Alison Beams of the world will also continue to tyrannize our children as long as we let them. If we give them an inch, they will absolutely take a mile and them some, which is why they all need to be cut off from power immediately and permanently.
In a statement, state Rep. Jesse Topper warned that Beam’s agenda is “an end-around (to) the constitutional amendment passed by the people, limiting the executive branch’s authority during a state of emergency.”
“[This is] about the idea of imposing a mandate like this on a healthy population of children outside any of the regulatory process that you would normally have to go through, or any of the legislative process you would normally have to go through.”
Politicians, celebrities and other “elites,” meanwhile, continue to throw awards ceremonies, dinner parties and other large events at which they are routinely seen not wearing a mask or social distancing.
“The masking of children is a form of child abuse,” wrote one Citizen Free Press commenter. “Interfering with a child’s breathing is a form of child abuse. This must stop now.”
“Time to throw the people out who demand the mandates,” wrote another.
Many, many others said similar things about how tyrants like Beam have got to go if our country has even the slightest chance of ever again returning back to something that even just resembles normal.
The latest news about Chinese Virus tyranny and the Branch Covidians like Alison Beam who are trying to spread it can be found at Fascism.news.
Sources for this article include:
