Sep 19, 2020 3 min read

The state Department of Education issued new guidance on Friday that recommends school districts follow current limits on attendance at school sporting events, at a time when parents and fans believed they had been given clearance that allowed anybody who wanted to attend a game to go.

The DOE on Friday sent a memo to school districts asking them to voluntarily follow the state’s earlier guidance, which limits attendance for outdoor games to 250 and indoor games to 25.

The message said the federal court ruling issued this week that found Gov. Tom Wolf’s administration’s limits on gatherings to be unconstitutional “is not a blanket end to the mitigation orders put in place to protect residents of the commonwealth from the deadly COVID-19.”

The DOE encouraged districts to “stay the course to protect ourselves, our families, and our communities” while waiting for the court to rule on the stay request to put the judge’s ruling on hold while an appeal works through the court system.

On Sept. 2, the administration announced rules that the limited attendance for indoor and outdoor games.

Those rules said everyone in attendance – including but not limited to players, coaches, event staff, officials, media members, along with fans and family members – counts against the venue’s capacity limit, which cannot exceed 50% of “occupancy otherwise permitted by law.”

Schools were left to determine how to comply with those limits.

Some parents objected, saying the limits would prevent any family members and other spectators from attending games.

The letter that went out to districts Friday said, “You are likely aware that on Monday a federal court in the Western District of Pennsylvania issued a decision striking down some of the commonwealth’s COVID-related orders. The ruling is limited to the business closure order and the stay-at-home orders issued in March, which were later suspended, as well as the 25-person indoor and 250-person outdoor gathering limitations.

“The actions taken by the Wolf Administration were mirrored by governors across the country and saved and continue to save lives. As such, the Wolf Administration has applied for a stay of the order and will appeal this decision. Nevertheless, we understand that you may be wondering how this development might impact your operations in the intervening time until the litigation comes to a resolution.

“The ruling was not a blanket end to the mitigation orders put in place to protect residents of the commonwealth from the deadly COVID-19 virus and we must all stay the course to protect ourselves, our families, and our communities. Indeed, all other orders of the governor and Secretary of Health remain in effect, including the order on face coverings.”