Judge strikes down lawsuit by Canon-Mac parents seeking mandatory masking

CANONSBURG, Pa. — A judge has denied the motion for a temporary restraining order in federal court Monday after a group of Canon-Mac parents wanted the district to require masks.

Classes resumed last week and masks are optional right now.

The lawsuit asked a judge to require students and staff to wear masks.

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Parents of some students say with how the delta variant is spreading, masks should be mandatory.

The attorney representing the parents was successful in obtaining a temporary restraining order in the North Allegheny School District that made masks mandatory.

That district reverted back to an optional policy, according to the attorney, just days before the start of the school year and by then, parents had missed the deadline for alternative educational programs like learning from home.

Canon-Mac’s superintendent Michael Daniels testified for more than hour, repeatedly saying the guidance from the CDC said they recommend masks, not mandate them.

Alex Saksen, the lawyer for the group of parents that filed the federal lawsuit saying they feel the school district needs to mandate masks to keep students safe, testified in court Monday that the district has accepted millions of dollars in rescue funds that have stipulations. Stipulations that say schools must allow public comment when making decisions and must follow CDC guidelines.

“We are obviously disappointed, going to look at what our options are next. As I said in court, this is one of those circumstances where nothing would make me happier than to be wrong,” Sasken said.

He cited Pennsylvania schools with masking optional, saying one district has 60 students in quarantine. But the Daniels testified he’s not aware of any COVID cases or any students quarantined so far at Canon-Mac on day 3 of school.

The district’s health and safety plan was passed in June and has not been revised or re-voted on, even after new recommendations came out from the CDC.

Canon-Mac’s lawyer, Joe Cavrich, said he represents schools across the area with both mask mandates and mask optional.

“This is a tough situation we are dealing with, parents with legitimate questions and concerns on both sides of the aisle,” he said.

Judge J. Nicholas Ranjan told the courtroom that “I can’t second guess democratically elected officials doing their best to determine what students should and shouldn’t do.”

He also said he believes the superintendent is monitoring the situation closely.

Canon-Mac School District to bring students back for 4-day full in-person instruction in January