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Attorney details mask mandate lawsuit

Group says secretary lacks the authority

The basis of Friday's lawsuit against the mask mandate may look familiar to county residents.

Petitioners' attorney Thomas King III of Butler will again be arguing that the state's Acting Secretary of Health Alison Beam is unconstitutionally overestimating her authority to enact the order.

“We think the order as it's written doesn't follow the law, wasn't done correctly and exceeds any authority she has,” King said.

The order, issued by Beam on Aug. 31, requires students across the state to wear masks while in school beginning this week

The lawsuit, filed in Commonwealth Court, argues two major points in seeking an injunction and declaratory judgement that could rescind the order or enact a stay to halt its enforcement.

A hearing is scheduled Sept. 16 in Harrisburg.

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