ALLENTOWN – A group of citizens has brought suit in federal court against Montgomery County health authorities, claiming the lives of schoolchildren are being negatively impacted by a switch from in-person learning to virtual learning and that the closure of schools in response to COVID-19 is just “an emotional response.”
John Mark Niehls, Elizabeth Weir, Andrew Amrhein and Kate Amrhein of Montgomery County filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 20 versus the Montgomery County Office of Public Health and the Montgomery County Board of Health, both of Norristown.
(An amended complaint was filed on Nov. 30.)
“Notwithstanding research and guidance issued by the Center for Disease Control and Pennsylvania Governor [Tom Wolf], on Nov. 12, 2020, the Montgomery County Board of Health ordered all schools in Montgomery County from kindergarten through twelfth grade, both public and private, including special needs services, to cease in-school operations and switch to virtual learning from Nov. 23, 2020 until Dec. 6, 2020. The Board reserved the right to extend this closure order at its upcoming meeting on Dec. 2, 2020,” the suit states.
“The Board’s order was made in an arbitrary and capricious manner and in direct contradiction of the leading scientific research, data and guidance from the CDC and governors of six northeastern states.”
The plaintiffs believe that the school closures being experienced in Montgomery County are both detrimental towards the psyches and learning abilities of K-12 schoolchildren and in violation of the U.S. Constitution.
“Research has also demonstrated that the absence of a structured setting, such as is provided in school, for a long duration results in reduced capacity for engaging in various academic and extracurricular activities, as well as in lower levels of affect,” the suit says.
“Some studies have predicted that, when a full return to school is initiated, children who were unable to attend due to COVID-19 distancing may resist going to school and may face difficulty in establishing rapport with their mentors. Consequently, these studies conclude, constraints of movement imposed on children – particularly exclusion from school – can have a long-term deleterious effect on overall psychological well-being.”
Furthermore, the suit noted that neighboring counties had not taken the same measures for their schools as Montgomery County did.
“The City of Philadelphia issued a draconian shut-down to extend through the end of 2020 which prohibited all indoor dining, limited to 10 percent occupancy all outdoor dining, and closed all school sports, gyms, museums, libraries, colleges, and high schools. Nonetheless, the City of Philadelphia allowed Pre-K, elementary, and middle schools to remain open,” per the suit.
“Just like Philadelphia County, neighboring Bucks County continues to allow in person learning for elementary age students notwithstanding their implementation of other COVID-related limitations.”
For violation of the free exercise clause under the First Amendment to the U.S. Constitution and violation of substantial due process rights and the equal protection clause under the Fourteenth Amendment to the U.S. Constitution, the plaintiff is seeking the following reliefs:
• An order and injunction prohibiting defendants from implementing the order issued on Nov. 13, 2020, and scheduled to take effect on Nov. 23, 2020;
• An order declaring defendants’ order to be in violation of the Constitution of the United States of America;
• In the alternative, a temporary restraining order and preliminary injunction pending final resolution of plaintiffs’ claims;
• Awarding plaintiffs’ reasonable legal fees, costs and expenses under 42 U.S.C. Sections 1983 and 1988; and all other relief for which plaintiffs may be entitled and which the Court deems appropriate.
The plaintiffs are represented by Jordan P. Shuber, Thomas W. King III and Thomas E. Breth of Dillon McCandless King Coulter & Graham in Butler, plus Christian M. Petrucci of the Law Offices of Christian Petrucci, in Bala Cynwyd.
The defendants are represented by Mary Kay Brown, Raymond McGarry and Jami B. Nimeroff of Brown McGarry Nimeroff, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-05855
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com