Virginia Winery Loses Challenge To Face Mask Requirement

FAUQUIER COUNTY, VA — A winery's challenge against Gov. Ralph Northam and State Health Commissioner Norm Oliver's face mask requirement has not succeeded in court.

Fauquier County's Philip Carter Winery and its owner filed suit earlier in June challenging executive order 63, which took effect on May 29. The executive order applies to indoor public places, including food and beverage establishments. There are exemptions for individuals eating and drinking, among other reasons. Enforcement of the mandate was left to the Virginia Department of Health, and a violation could lead to a Class 1 misdemeanor charge.

The winery has sought declaratory and injunctive relief to opt out of the mask requirement and challenged Northam and Oliver's authority to issue the order. The plaintiffs also argued the mandate conflicts with 18.2-422 of the Code of Virginia prohibiting the wearing of masks in certain places to conceal identity for any individual over age 16.

However, the law has exemptions, which includes a "declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver."

A Fauquier Circuit Court judge denied the request from the plaintiffs. In part, the ruling stated:

It is clear from the plain language of the statute that, in times of emergency, the Governor's powers are exceptionally broad under Title 44. Contrary to the Plaintiffs’ contention, the Governor’s powers do not preclude him from issuing orders requiring face coverings, and in fact, VA CODE ANN 182.3-422 explicitly anticipates such an event. For this reason, the Court finds that EO 63 was enacted within the Governor's statutory powers.

A statement from the Virginia Attorney General's Office said it was the 10th case it had won defending Virginia's coronavirus mitigation strategies.

"As cases continue to spike around the country, we know that our progress in controlling COVID in Virginia is real, but requires a sustained commitment to things like covering our faces and maintaining social distancing whenever possible," said Virginia Attorney General Mark Herring in a statement. "I’m proud we were able to defend this commonsense measures to help stop COVID, and I’m really proud of all the great work my team has done to keep Virginians safe during this uncertain time."

Separately, a Loudoun County wedding venue and Fredericksburg restaurant owner are challenging Northam's business restrictions. They are represented by Democratic state Sen. Chap Petersen in their lawsuits, according to the Loudoun Times-Mirror.

As Virginia has entered reopening phases, Northam said the face mask mandate will continue. All of Virginia is set to enter phase three on July 1.

SEE ALSO: Readers Split On Virginia's Readiness For Phase 3 Reopening