Virginia Gov. Glenn Youngkin’s executive order took effect Monday, allowing public schools to choose whether to enforce a COVID-19 mask mandate among students, despite several districts filing litigation challenging the order.
Seven school districts sued to block the order on Monday, while an additional filing last week by 13 parents of students from Chesapeake City Public Schools is slated to be heard by the state’s Supreme Court. The districts accused Youngkin of violating a state law requiring school boards to implement guidance from the Centers for Disease Control and Prevention “to the maximum extent practicable.”
Following the initial lawsuit, Attorney General Jason Miyares filed a motion to the state Supreme Court to dismiss the case against Executive Order No. 2, which argues: “Recent government orders requiring virtually every child in Virginia wear masks virtually every moment they are in school have proven ineffective and impractical.”
VIRGINIA MOVES TO DISMISS MASK MANDATE LAWSUIT BROUGHT BY CHESAPEAKE PARENTS
Miyares’s office said it expected the state Supreme Court to take up the school mask debate on Monday, though no orders have been issued as of Tuesday. A preliminary injunction over the case will likely be made in a matter of days, Charlottesville trial attorney Scott Goodman told the Washington Examiner.
“They could issue an injunction that either says the governor doesn’t have the right to do that, but we’ll consider the case further later,” Goodman said. “Or that the governor does have the right to do it and not really rule on the merits right now, but at least give a preliminary ruling.”
Challengers of the mandate argue state Senate Bill 1303, which was adopted with the goal of bringing back safe in-person learning after former Gov. Ralph Northam closed K-12 schools in March 2020, is still in effect and advises districts to follow CDC guidelines, which recommend universal indoor masking for students and staff.
Goodman said the same “police power” Northam used as governor to shutter schools two years ago could serve as precedent if justices rule in favor of Youngkin’s executive order.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“By the same token, the same power that gave the governor the right to close all schools, [Youngkin] would argue, gives him the same right to regulate the wearing of masks, or not wearing of masks,” Goodman added.
Alexandria, Arlington County, Richmond, Fairfax County, Falls Church, Hampton, and Prince William County filed lawsuits on Monday challenging the constitutionality of the governor’s order.
