York County DA will not prosecute school mask warrant citations
York County Attorney Dave Sunday said on Friday he would not prosecute criminal citations relating to alleged violations of the next term of mask in schools and ordered the police not to drop them off.
In response to the highly remissible delta variant, Governor Tom Wolf announced earlier this week that masks will be mandatory at all K-12 schools in Pennsylvania. The Pennsylvania Department of Health Ordinance takes effect at 12:01 am on Tuesday.
In a dense three-page legal memo, Sunday laid out the basis for its decision. It’s the same position it took with similar guidance on the COVID-19 pandemic in 2020.
He noted that his ruling did not apply to “civil or administrative sanctions, or any other legal issue surrounding the governance and policies of school entities.” It is “beyond the scope of this office.”
“We are issuing these instructions based on the specific and unique role that criminal laws and our criminal justice system play in society,” Sunday said. “At no time should these instructions be interpreted as detracting from the severity of COVID-19, minimizing the personal responsibility we share to one another in our community, or as providing advice regarding the applicability of the COVID-19. Order beyond context. expressly stated above. “
(Read the memo):
Sunday emailed a copy of the note to reporters and posted the document on Facebook. The York County District Attorney’s Office drafted the document “in response to multiple requests from law enforcement officials, school districts and community members.”
He then expressed his “continuous and sincere gratitude to our law enforcement partners”.
“In addition, we remain firmly convinced that now, more than ever, our community must be able to trust that it will receive the fair and equitable application of the rule of law from its officials,” he said. .
“You have such a commitment from this office, and we look forward to our continued partnership with law enforcement and all organizations and individuals committed to the pursuit of justice, security and prosperity for our community.”
Contact Dylan Segelbaum at 717-771-2102.