ERIE — A father alleges his daughter faced discrimination and retaliation from the Avonworth School District because she was not able to wear a mask due to having asthma.
Harry Wynkoop, individually and on behalf of his minor children J.W. and G.W., filed a complaint May 30 in the U.S. District Court for the Western District of Pennsylvania against Avonworth School District, Dr. Jeff Hadley and others alleging civil rights violations and other claims.
According to Wynkoop's complaint, his two children, J.W., and G.W., attend school in the Avonworth School District. He claims that on Aug. 21, 2021, he held a rally at the Ohio Township Community Park in opposition to the district's masking policy during the COVID-19 pandemic.
Wynkoop claims that on April 6, 2021, his daughter J.W. received a medical exemption from wearing a mask from her physician due to having asthma. He alleges the school district refused to honor the medical exemption and that in November and December of 2021 and February 2022, his daughter received additional medical exemptions for wearing a mask from three other physicians which were also not honored by the school district.
Wynkoop claims his daughter was forced to do virtual learning and that being "segregated" from her peers caused her anxiety and her grades to fall dramatically. He also claims that he and his children suffered retaliation from the school district by questioning the children's residency in the district and not providing a tutor for his daughter while providing similarly situated individuals with tutoring. He further claims violation of the Americans with Disabilities Act.
Wynkoop seeks monetary relief, trial by jury,
U.S. District Court for the Western District of Pennsylvania case number 2:22-CV-00814-PLD