West Chester residents who challenged borough s COVID-19 orders appeal dismissal of their case to Third Circuit
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West Chester has suit which challenged constitutionality of COVID-19 emergency orders dismissed
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Borough of West Chester and plaintiffs differ on mootness and constitutionality of COVID-19 emergency orders
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PHILADELPHIA – Counsel for the Borough of West Chester have countered a lawsuit filed against the municipality and its mayor which challenges the constitutionality of their emergency declaration orders issued during the coronavirus pandemic, as one which would “compromise” relief efforts against COVID-19.
Donald Urbanic and Beth Ann Rosica first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 9 versus The Borough of West Chester and Mayor Dianne Herrin. All parties are of West Chester.
“On Oct. 2, 2020, defendant Herrin issued an emergency declaration limiting the number of individuals who could gather in private residences to 10 in number, and requiring that face coverings be worn in the Borough, both inside and outside,” the suit stated.