Commonwealth Court tossed out objections to Butler Area School District’s lawsuit over COVID-19 restrictions, allowing the case to continue toward trial.

The court in Harrisburg on Monday rejected preliminary objections from the state Department of Health, the Department of Education and Gov. Tom Wolf on the case. Petitions in the case originally were filed by Butler district board members and families.

The district sued Wolf and other state officials on Dec. 14, 2020, for requiring the district to either use remote instruction or commit to safety measures during the height of the COVID-19 pandemic.

Butler attorney Tom King argued on behalf of the plaintiffs at a hearing in June 2021 that the COVID safety requirements, imposed on school districts by Wolf, then-Secretary of Health Dr. Rachel Levine and acting Secretary of Education Noe Ortega in 2020 were overruling the power granted to local school boards to make decisions for their districts.

The policies included a “mitigation” order in December 2020, which suspended extracurricular activities and sports temporarily.

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