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10 Pennsylvania families file lawsuit for doctors not writing exemptions for school mask mandates

A new lawsuit was just filed in federal court over the state’s mask mandates in schools from ten different Western Pennsylvania families. While a number of parents have filed suits in the last month, Butler Attorney Al Lindsay said this one is different as it targets the fact that no doctors’ offices will give parents exemptions.

Inside the complaint, it states one mother called UPMC Children’s Community Pediatrics to get a legal exemption per the state’s order but was told “no physician here will be signing any exemptions.”

To mask or not to mask? It’s a debate that’s been happening since the beginning of the pandemic. While state leaders said it’s required in schools, some parents don’t believe it’s that simple.

“Children who have specific issues by wearing a mask for mental issues, they are autistic. Some have conditions that they just can’t wear a mask. They say, ‘You go home, go to Cyber School. We can’t take care of you. We can’t accommodate you,’” said attorney Al Lindsay.

Nearly a dozen families from school districts across western Pennsylvania have tried to get mask exemptions for their kids based on medical or mental health issues. In an 80-page complaint, the answer is always no from the doctors’ offices.

“They are denied the education and not only that, they are subject to some abuse on the part of other students, saying, ‘Why don’t you just go along?’ But these kids can’t and the teachers and administrators are angry with them and it’s upsetting to the parents,” Lindsay said.

Lindsay represents this group of parents. He told Channel 11 not allowing for exemptions simply breaks the Rehabilitation Act and the group of families have now filed suit. The defendants in the case include not just the Department of Health, but the Department of Education and even UPMC who owns several of the pediatrician offices denying exemptions.

“At least with the case with UPMC, what we are suggesting in the complaint is that there is a blanket order that those doctors will not issue an exemption no matter what,” Lindsay said.

Channel 11 reached out to all three defendants for comment. UPMC did not respond while state officials said they cannot comment on pending litigation.

We asked the state if there were any plans to re-evaluate. A spokesperson for the Department of Health provided the following the statement:

“Wearing masks in schools is a proven public health measure that helps keep kids in the classroom. The Department of Health is continually tracking CDC recommendations, the CDC’s level of community transmission and the number of COVID-19 cases among school-aged kids, which remain high. The department will notify the public and the media if an update to the order is forthcoming.”