Pennsylvania judge rules in favor of parents, removes five board members over mandatory masks in schools

A Pennsylvania judge ordered the removal of five school board members in West Chester on Tuesday after a parent petitioned the courts to remove board members that voted to make masks mandatory in schools.

Judge William P. Mahon ruled that all five Democratic West Chester Area School District board members need to be "removed from office." Those members are board president Sue Tiernan, and directors Joyce Chester, Kate Shaw, Karen Herrmann, and Daryl Durnell.

Judge Mahon wrote that his decision came after there was "no response" to the petition by the school district or its counsel, according to court documents.

The announcement was posted on Twitter by a group called Moms for Liberty whose mission, according to their website, is to fight "...for the survival of America by unifying, educating and empowering parents to defend their parental rights at all levels of government."

Beth Ann Rosica, a parent in the West Chester Area School District who holds a PhD in Education, filed the petition in February in the Chester County Court of Common Pleas.

In the filing, the petition states that board members are causing children "...permanent and irreparable harm due to their fabricating, feigning or intentionally exaggerating or including a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child and as such, the (school directors) are to be held accountable."

The petition also alleged that school directors have "...created and implemented illegal policies that violate Constitutional rights and, as such, cause irreparable harm."

Talking to Daily Local News after the petition was filed in February, Beth Ann Rosica explained that "We have been fighting this battle for a year."

"The school districts are just not responding and not listening, so the only thing we have left to do is to recall the board members. We don't believe they have the legal authority to (mask the kids). Our kids have been masked in school for a year and a half.  It's not acceptable. They are not their parents and they don't get to make these decisions for our children."

The Post Millennial contact the West Chester Area School District for comment and has not received a response. Beth Ann Rosica was unavailable for comment.

According to WHYY News, Kenneth Roos, attorney at Wisler Pearlstine LLP, which is representing the board members, said that they would be filing a motion to reconsider.