School District Requests Extension To Respond To Mask Suit Attorneys' Fee Motion

PERKIOMEN VALLEY, PA — Attorneys representing a Montgomery County school district and its board members over a lawsuit regarding facemasks are asking for more time by which to respond to a plaintiffs' motion for attorneys' fees in the federal case.

In a letter dated Tuesday and filed at the U.S. District Court for the Eastern District of Pennsylvania, Brian Subers, a lawyer with Fox Rothschild who represents the Perkiomen Valley School District, asked the judge overseeing the litigation for more time by which to respond to a recent petition by plaintiffs' lawyers for legal fees in the case.

Subers requested 30 days in which to respond to the plaintiffs' motion for fees, which had been filed back on Aug. 9.

In his letter, Subers told Judge Wendy Beetlestone that he attempted to get consent from plaintiffs' council as to the 30-day timetable, but at the time of the writing of his letter he had yet to receive a response.

If the judge agrees to the timetable request, the defendants will have to respond to the petition for attorneys' fees by Sept. 8.

The lawsuit, which was recently dismissed without prejudice by Beetlestone, was filed over allegations that a decision by the Perkiomen Valley School Board to rescind a universal mandatory facemask policy during part of this past school year violated the rights of some medically fragile students.

The student plaintiffs had contended that not requiring masks for all students could put them in jeopardy of contracting COVID-19. They also said their civil rights would be violated if they were essentially forced back into remote learning at home, since it would deprive them of the benefits of in-person instruction.

It was not yet clear when the judge would rule on the request for attorneys' fees.

Previous coverage of the case can be found here.