Lawsuit seeks to overturn renewed Philadelphia mask mandate

PHILADELPHIA - Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia's renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.Philadelphia earlier this week became the first major U.S.

city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.Attorney Thomas W.

King III, who was among those involved in last year's successful challenge to the statewide mask mandate in schools, said the city's emergency order went against recommendations of the federal Centers for Disease Control and Prevention and "imposed a renegade standard unfound anywhere else in the world."The suit accuses city health officials of having "usurped the power and authority" of state lawmakers, the state department of health and the state advisory health board.Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were "unable to comment on this particular case" but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate.

Lessard said "the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19."Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case.