Lawsuit seeks to overturn Philadelphia's renewed indoor mask mandate

PHILADELPHIA (WPVI) -- A group of Philadelphia residents and business owners have officially filed a lawsuit in the Commonwealth Court of Pennsylvania to overturn the city's indoor mask mandate set to take effect Monday.

The Philadelphia Department of Public Health Commissioner Dr. Cheryl Bettigole cited a rise in COVID cases as the reason why the city is reinstating the mask requirements for indoor public spaces.

Confirmed COVID-19 cases have risen more than 50% in 10 days. This has prompted the city to move to Level 2: Mask Precautions, requiring masks in indoor public places.

Petitioners say the city eliminated the CDC as the source of standards for masking in Philadelphia and imposed what they call a renegade standard.

The restaurant industry pushed back against the mandate, saying workers will bear the brunt of customer anger over the new rules.

RELATED: Philadelphians share mixed reactions after city reinstates indoor mask mandate

"The citizens bringing this action today have had enough of Philadelphia acting in a way contrary to the rest of the world. Philadelphia is required, like everyone else, to comply with the laws of the Commonwealth of Pennsylvania. No one is above the law," said Thomas W. King, III, Esq., Attorney for the petitioners.

The Philadelphia's mayor's office communications director did not comment on this particular lawsuit, but issued a statement that reads:

"The city was successful in litigation related to the mask mandate just this past Thursday.

On Thursday, upon challenge to the order mandating the return of masks in certain indoor spaces, 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."