Thirteen parents from Chesapeake, Virginia, filed a legal challenge Tuesday against Gov. Glenn Youngkin’s executive order rescinding the state’s school mask mandate.
The group of parents of children in Chesapeake City Public Schools, part of a local advocacy group called Chesapeake Advocates for Responsible Return to School, filed a lawsuit in the state Supreme Court that accuses the new administration of violating a Virginia law that requires each school board to implement guidance from the Centers for Disease Control and Prevention “to the maximum extent practicable.”
“They are seeking to have Executive Order #2 declared void and unenforceable because the Governor does not have the power to use an Executive Order to overturn or override established state law. Further, they are petitioning the Court to enforce Chapter 456, which states that all Virginia school districts ‘shall’ follow all CDC mitigation measures,” the group wrote in a statement to 13News Now.
YOUNGKIN BATTLE WITH SCHOOL DISTRICTS OVER MASKS SET TO ESCALATE
The lawsuit also names other state and Chesapeake officials as defendants. A spokesperson for the district told 8 News, an ABC affiliate, that the system will file “an appropriate response.”
Youngkin’s executive order, which was issued during the Republican’s first day in office Saturday, leaves it up to each child’s parents whether they are subject to wear a mask.
“Recent government orders requiring virtually every child in Virginia wear masks virtually every moment they are in school have proven ineffective and impractical,” the order reads.
Several Virginia school districts have also challenged the governor’s executive order. Fairfax, Arlington, and Prince William counties are among those that have announced their intention to continue requiring masks, with several citing the state law.
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As of Jan. 13, the CDC recommends that anyone 2 or older wear a mask while indoors, regardless of vaccination status.
Youngkin’s executive order will go into effect Jan. 24.
