JEFFERSON CO., Pa. (EYT) – Jefferson County District Attorney Jeff Burkett released a statement on Friday to let the community know his office will not prosecute violations of the state-issued order mandating face masks in schools.
In the release, Burkett said that his office has been receiving phone calls and other communications from concerned cities asking for his stance on the Acting Secretary of Health’s order “Directing Face Coverings in School Entities” that was issued on August 31.
“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,” Burkett said.
According to the release, Burkett’s office will not prosecute violations under the cited laws and he has instructed police departments in Jefferson County not to issue summary citations enforcing the 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.”
However, Burkett noted he must also caution residents that 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.”
Burkett also noted that he has been notified that the order declared by the Acting Secretary of Health was 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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