Local families from two area school districts fighting for universal masking were told Tuesday that their arguments are moot.
On Friday, the Centers for Disease Control and Prevention updated masking guidance. Now Allegheny County is no longer categorized as “high-risk” for COVID-19 transmission and masks are no longer recommended in those schools.
The North Allegheny and Upper St. Clair families sued on behalf of their medically vulnerable children saying that when the districts voted to make masking optional, those decisions violated their children’s rights under the Americans with Disabilities Act. A U.S. district judge sided with North Allegheny families, but just days later in the Upper St. Clair case, another U.S. judge sided with the school district and board.
Appeals were filed, and arguments were set to be heard later this month.
But now that the CDC adjusted its masking guidance and neither district are in the high risk categories of transmission, the Third Circuit Court of Appeals dismissed the lawsuits saying arguments are no longer necessary.
As the court wrote, “We agree with the parties that the absence of a live controversy renders this matter moot.”
Masking was a key issue in school board elections this year in North Allegheny, where a slate of candidates ran on the promise of keeping kids learning in-person. Whether to mask has been a controversial topic within the community. In August, the North Allegheny board suspended an in-person meeting as some in the audience refused to wear masks.
