MARS — A borough council member proposed a resolution Monday, Oct. 2, saying that the borough should not comply with or force its residents and businesses to comply with any orders that infringe on constitutional rights.

The resolution, which made mention of mask wearing, vaccinations and business closures related to COVID-19, was not brought to a vote at the meeting after it sparked debate between council members over its efficacy and credibility.

Council member Brad Price said he would revise and reintroduce his “Freedom to Breathe” resolution at council’s Oct. 16 meeting.

“From my perspective, there’s a clear difference between mandates that are voluntary versus mandatory or compulsory orders,” Price said. “Former Gov. (Tom) Wolf’s unprecedented intervention into our daily lives in response to coronavirus — which included ... mandatory mask orders, work safety orders — were real and unconstitutional for a number of reasons.”

Price’s resolution cited the May 2021 amendment of the state’s constitution limiting the state governor’s emergency disaster declaration to 21 days and placing authority to extend or end the emergency disaster in the hands of the state Legislature.

When presenting the resolution, Price noted a lawsuit initiated by county Commissioners Leslie Osche and Kim Geyer had determined the Wolf administration’s actions were “unconstitutional” and “paradoxical.”

The resolution, Price said, affirmed the court’s ruling concerning “executive orders, directives or mandates.”

“There’s two parts to this: The order — whatever it is, and we don’t know at this point what could come down the road — we would have to deem it to be constitutional,” he said, “and secondly, if it goes beyond the 21 days which are granted to the governor, it has to be approved or extended by our Legislature.”

During the presentation, some council members expressed concerns over the “political” language of the resolution. Price agreed to remove the offending portions, striking them from the resolution, but when he motioned for the resolution to be brought to a vote, no other council members seconded the motion.

Mayor Gregg Hartung said the borough’s adherence to the governor’s orders allowed for state assistance during the pandemic.

“The mayor being responsible for the health and welfare of the community, I don’t want to be undermined by the council,” Hartung said.

He expressed concern about potential liability. Hartung also said the resolution’s wording had the borough “taking a political position.”

Council member Robert Bost addressed his “issues” with the resolution, beginning with its mention that the Cochrane Library concluded masks “made little or no difference in how many people caught” COVID-19. The Cochrane Library is a collection of medical databases that reviews and analyzes medical research.

“However, any of us ... can find an equal number of stuff on the internet singing the praises of masking,” Bost said. “Also, Cochrane Review put out a statement saying that their study was inconclusive.”

Karla Soares-Weiser, editor-in-chief of the Cochrane Library, did issue a statement concerning the article “Physical interventions to interrupt or reduce the spread of respiratory virus” in March, calling the results “inconclusive.”

“Many commentators have claimed that a recently updated Cochrane Review shows that 'masks don't work,’ which is an inaccurate and misleading interpretation,” she wrote.

Bost also doubted the credibility of a linked video in the resolution on X, formerly Twitter, featuring Dr. Robert Malone calling for an end to vaccinations.

According to Bost, other posts alleged “child trafficking, pedophile rings” run by state and federal officials.

“To me, it was immaterial whoever’s Twitter account I went to,” Price said. “I was just trying to pull out the video.”

Council member Alan Boburczak questioned the purpose of the resolution, with other council members observing that municipal governments already had the right to challenge laws as unconstitutional.

“We can debate all this, and it has been debated for years, until we’re blue in the face,” Boburczak said. “I think the question is: ‘What good does this do for Mars borough residents?”

Price reiterated that it was "simply a statement.“

“The point is: Our job as this third layer of government, as the local government, is not just to have a knee-jerk reaction to what’s handed to us from above,” Price said. “We need to look at it and say, ‘Is this a constitutional order?’”