School Mask Mandates: VA Judge Gives Temporary Ruling On Youngkin Order

ARLINGTON, VA — A temporary injunction on Gov. Glenn Youngkin's mask-optional order in schools was granted in Arlington Circuit Court Friday, allowing school districts to continue their face mask requirements.

On Jan. 24, school boards in school districts — Alexandria, Arlington County, City of Richmond, Fairfax County, City of Falls Church, City of Hampton and Prince William County — filed a lawsuit against Gov. Glenn Youngkin's executive order on optional masking in schools. With the lawsuit, the school boards seek to temporarily and permanently prevent enforcement of the mask-optional executive order.

According to the Washington Post, at least 70 of Virginia's 131 school districts have mask requirements.

The school boards in the lawsuit had questioned whether an executive order can override the authority given to school boards by Article VIII, § 7 of the Constitution of Virginia. The lawsuit also questions if the executive order can reverse Virginia General Assembly legislation, which requires in-person instruction while schools follow the CDC's COVID-19 mitigation strategies "to the maximum extent practicable."

Youngkin's order on optional masking cited § 1-240.1 in the Code of Virginia, which states "a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child."

The seven school districts in the lawsuit released a statement in support of the temporary injunction Friday.

"Prior to today’s decision, Virginia school boards were placed in a legally untenable position — faced with an executive order in conflict with the state constitution and state law," read a joint statement from the school districts. "That conflict has also put the health and safety of our students and staff at risk, as the omicron variant continues to affect Virginia localities. We are confident that the court will soon come to the right decision to resolve this pressing matter."

In a message to families, Fairfax County Public Schools noted a final hearing will be on an unnamed future date.

There have been other lawsuits related to the mask order. The American Civil Liberties Union of Virginia filed a lawsuit on behalf of parents of children with disabilities. According to the Washington Post, a group of Chesapeake parents also challenged the order.

In Loudoun County, some parents challenged Loudoun County Public Schools' mask mandate in light of Youngkin's mask-optional order.

SEE ALSO:

• Youngkin Mask Order Challenged By 7 Virginia School Districts
• Interim VA COVID Guidelines Issued As Court Considers Mask Order
• Parents Sue Loudoun School Board Over Continued Mask Mandate