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Back to Basics: Court of Appeals reinstates Wolf’s mandate on gatherings

By Kenny Varner Jr.
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Updated: October 1, 2020

Third U.S. Circuit Court Issues a Stay on Gathering Limitations Ruling

Today, the Third U.S. Circuit Court of Appeals issued a stay on the recent lower federal court ruling that found the Wolf Administration’s order limiting public gatherings to 25 people inside and 250 people outside was unconstitutional.

After U.S. District Judge William Stickman IV issued that ruling, Gov. Wolf appealed the decision and asked the judge for a stay pending appeal. Judge Stickman denied that request. Gov. Wolf then appealed for a stay from the Third U.S. Circuit Court, which granted it today.

What does this mean for school districts? The stay order reinstates the Governor’s public gathering restrictions until the appeal is heard. Therefore, effective immediately, school activities such as athletic events and extra-curricular programs that have public audiences are limited to 25 people inside and 250 people outside, including all student participants and school staff. These are the same limitations that were in place for schools prior to the U.S. Western Court ruling that the limitations were unconstitutional.

PASA continues to encourage all school leaders to discuss this matter with your school solicitor and insurance provider.