The Ellwood City School Area School District’s Board of Directors voted to allow spectators at events at ¼ capacity, but those in attendance will be required to wear masks, to social distance, and to sign a waiver excusing the district from liability.
In a 6-1 vote the board decided that Ellwood City sports will now be played with the support of the community. Director Gary Rozanski was the lone No vote, and Directors Kathy McCommons and Norman Boots were not in attendance during the vote.
The vote came following a September 14 federal court ruling that deemed Governor Wolf’s state mandates shutting down businesses and limiting capacity in establishments unconstitutional. The lockdown measures were challenged in court by a group of Republican lawmakers and small business owners who said the restrictions put their businesses at risk. Judge William Stickman ruled in their favor and that Wolf did not have the right to infringe on citizens’ fundamental freedoms.
The governor is expected to appeal the ruling and announced Monday that he will veto a recently passed bill that would allow school districts to set spectator limits for school sporting events, which could ultimately put an end to the new plan to allow spectators at district events.
Rozanski said his No vote was based on the possibility of the governor winning the appeal and being granted a stay, which would then make the ¼ capacity void.
Other board members believe with the recent ruling there should be no restrictions on the capacity at school events. They believe putting a capacity limit is a possible infringement on first amendment rights and that the gates should be open to as many people that choose to attend.
“I am in support of no limits, until a stay is granted,” said Director Jennifer Tomon.
Board Director Erica Gray agreed.
“I am not in favor of any restrictions,” Gray said. “We are not breaking any laws at this point.”
The District’s Solicitor Jennifer Dambeck cautioned the board against straying too far from the original mandate advising the board that the best way to guarantee insurance coverage against liability is to “stay the course.”
“Act cautiously to protect coverage,” she said.
Dambeck said that these are unprecedented times and that one never knows how an insurance carrier will look at each situation.
Although the board did vote to allow spectators and want to see as much support for the students as possible, Board President Renee Pitrelli said there needs to be a level of responsibility for following restrictions and understanding moving forward.
“If things change and the governor is granted a stay and we have to cancel, it is not our doing,” she said. “It is the government.”
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