All five Democrats removed from a Pennsylvania school board last week for voting to require masks have been reinstated, the district says.
"Removal of school board members cripples the school district," Court of Common Pleas Judge William Mahon said in a courtroom packed with hundreds of parents, teachers and community members, Patch reports.
Mahon vacated his order just three days after his earlier order in response to a parent-filed petition to the West Chester Area School District in February, arguing that under the Pennsylvania school code districts have no authority to require students to wear masks.
The lawyer representing the Democrats, Kenneth Roos from Wisler Pearlstine, LLP, submitted a motion for reconsideration to Mahon's order Tuesday night, Fox News Digital previously reported.
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The school board’s counsel also immediately filed a motion to reconsider, disputing the previous deadline for a response on the matter was actually April 4, public media organization WHYY.
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"As more information regarding the ongoing legal proceedings becomes available to share, I will be sure to keep everyone up to date," Superintendent Dr. Robert Sokolowski said in a statement.
The board members returning to their elected positions for now are Sue Tiernan, president; and directors Joyce Chester, Karen Herrmann, Kate Shaw, and Daryle Durnell, Patch reports.
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Mahon's previous decision stated that the removal of the board members was a "procedural result," and did not address any of the allegations made in the complaint.
The case will now be evaluated on the strength of petitioning parent Beth Ann Rosica’s argument now that legal formalities are out of the way.