Clearfield, PA – Both Jefferson County District Attorney Jeff Burkett and Clearfield County District Attorney Ryan Sayers clarified how they will handle the Gov. Tom Wolf and the PA Department of Health’s “Directing Face Coverings in School Entities” order, both saying that they will not prosecute for mask violations.
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Office of the Jefferson County District Attorney Jeff Burkett
FOR IMMEDIATE RELEASE by JEFFERSON COUNTY DISTRICT ATTORNEY, JEFF BURKETT
On August 31, 2021, the Acting Secretary of the Pennsylvania Department of Health issued an Order “Directing Face Coverings in School Entities.” This Order took effect on September 7, 2021. Since then, my office has been receiving phone calls and other communications from concerned citizens asking for my stance on the enforcement of this Order. People are concerned about criminal penalties for failing to abide by the Department of Health’s Order that is made possible by the Disease Control and Prevention Act as well as the Pennsylvania Administrative Code.
Please be assured that my office will NOT prosecute such violations under these laws and I am instructing the police departments in my county NOT to issue summary citations enforcing this Order. I want to make one thing clear: No police agency in our county has shown any interest in filing such citations nor have I received any requests for guidance on how to charge such violations.
Of course, I must also caution people that the other criminal laws of the Commonwealth remain in effect. The position I am announcing today only applies to the enforcement of summary citations under the Disease Control Act and the Administrative Code. This announcement does not, in any way, refer to violations of the Pennsylvania Crimes Code. Thus, any form of violence, assault, threats, harassment, disorderly conduct and other breaches of the peace will not be tolerated. Those incidents will be investigated by the police and, if appropriate, will be prosecuted by my office.
Also, my office can only declare policy about the criminal aspects of the enforcement of the Order in Jefferson County. I cannot speak to or give advice on the civil, administrative and regulatory ramifications of this Order.
With the above being said, I have also been told that the Order declared by the Acting Secretary of the Pennsylvania Department of Health was, unfortunately, also accompanied by threats of civil liability for administrators, schools and individual school board members.
This Order has put parents, students, schools, school boards, administrators, and teachers into a very difficult situation and I am mindful that everyone is struggling to do what they think is best. Please know my prayers and thoughts go out to all.
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Office of the Clearfield County District Attorney Ryan Sayers
FOR IMMEDIATE RELEASE by CLEARFIELD COUNTY DISTRICT ATTORNEY, RYAN SAYERS
Clearfield County District Attorney Ryan P. Sayers offered clarification on the Order “Directing Face Coverings in School Entities” put in place by Governor Tom Wolf and the Acting Secretary of the Pennsylvania Department of Health. Over the past few days, the District Attorney’s Office has received numerous phone calls, emails, and social media messages from law enforcement, school personnel, and parents who are concerned about the impact of this Order.
First and foremost, this statement is only intended to apply to the potential for criminal prosecutions based on the Pennsylvania Disease Control and Prevention Act and pertinent Pennsylvania Administrative Code sections as it relates to the Governor’s new mask mandate in all schools of this Commonwealth. This does not in any way refer to violations of the Pennsylvania Crimes Code, and any harassment, threats, or violence directed to others for any reason will continue to be fully prosecuted by the Office of the District Attorney.
“I agree with my fellow District Attorneys across the Commonwealth and am directing that this new mask mandate not be enforced via criminal citations in Clearfield County,” said Sayers. “However, it is worth noting that my directive only applies to criminal liability and does NOT extend to or affect any civil or administrative actions that may be authorized by the Governor’s Order, specifically sanctions by school officials. The authority of the District Attorney is limited to criminal enforcement of the Commonwealth’s laws, and does not have the right to interfere with the decisions of school boards and school administrators.”
“Along with other District Attorneys, I commend our law enforcement officers, school board members, and parents who are faced with the immediate prospect of dealing with this issue, and all of the potential chaos that it creates. I hope that all of you will continue to address these matters with civility, and have mutual respect for the different opinions that others might possess.”
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