The new order comes as the city announced Covid-19 Level 2 response levels, which were activated when the city saw an increase in confirmed Covid-19 cases of more than 50% over the previous 10 days. Level 2 precautions mean that masks are required in all public indoor areas in Philadelphia, including schools, businesses, and restaurants. Businesses can be left without a mask if they require everyone to provide proof of vaccination. The city’s Department of Public Health issued the order by emergency order on April 11th. The prosecution team says the order violates the state Constitution and violates the guidelines established by the US Centers for Disease Control and Prevention (CDC). “The regulations imposed by Philadelphia are arbitrary and capricious,” lawyer representing the petitioners, Thomas W. King III, said in an interview with CNN on Sunday. “Philadelphia has rejected the CDC regulations and is inventing its own. Philadelphia has violated the Pennsylvania Constitution. Things that apply in Philadelphia should apply throughout the state, but that is not the case.” The lawsuit alleges that Philadelphia Health Commissioner Dr. Cheryl Bettigole, usurped the power of the General Assembly by issuing the urgent order. And the CDC currently has no mask command. CNN contacted the office of Philadelphia Mayor Jim Kenney and the city Department of Health for comment, but has not received a response.
