Virginia Gov. Glenn Youngkin is facing a third lawsuit over his executive order that leaves mask usage in schools up to parents.
A group of parents of students with disabilities claims in the suit filed Tuesday that the rule violates the Americans With Disabilities Act because the risk prevents their children from attending public school, according to a joint legal statement.
“The executive order shows a reckless disregard for students with disabilities across Virginia,” said Washington Lawyers’ Committee Deputy Legal Director Kaitlin Banner. “The order prevents schools from taking reasonable steps to make sure their students can go to school and enjoy the same educational experiences as their friends.”
PRELIMINARY INJUNCTION LIKELY AGAINST YOUNGKIN VIRGINIA MASK ORDER, ATTORNEY SAYS
The plaintiffs’ children have illnesses such as cancer, cystic fibrosis, asthma, Down syndrome, lung conditions, and weakened immune systems, according to the statement.
“Children with serious medical conditions need to feel safe at school. Mask mandates allow them to access the educational services to which they are entitled,” said Colleen Miller, executive director of the disAbility Law Center of Virginia.
A statement announcing the lawsuit, which seeks an injunction lifting the order from a federal judge, did not immediately specify how many families were included.
The parents have several legal representatives on the case, including the ACLU of Virginia, the disAbility Law Center of Virginia, and Arnold & Porter.
Two other lawsuits are pending, including one from seven school districts in the state and another from Chesapeake parents, which both argue that the order violates a state law that requires each school board to implement guidance from the Centers for Disease Control and Prevention “to the maximum extent practicable.”
The CDC recommends that all individuals 2 and older wear a mask while indoors.
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The order, which was signed during Youngkin’s first day in office, went into effect Jan. 24.
The new lawsuit lists Youngkin and Virginia Attorney General Jason Miyares, as well as school and health officials, as defendants. The Washington Examiner reached out to Youngkin and Miyares for comment.
