Seven school districts across the Commonwealth are suing the Youngkin administration.
The purpose of the lawsuit is to block the implementation of Gov. Youngkin’s executive order lifting the mask mandate in public schools.
The Washington Examiner has more:
The seven school districts, including the population centers of Arlington, Alexandria, Fairfax, and Prince William, filed the lawsuit against Youngkin on Monday, seeking to enjoin the order which they said puts school boards “in a legally untenable position,” the Washington Post reported.
“Today’s action is not politically motivated … the lawsuit is not brought out of choice but out of necessity,” the districts said.
The districts suing Gov. Youngkin are Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County.
We should note that Youngkin’s order only permits parents to opt-out of the mask mandate for their children. It does not discourage schools from encouraging masking.
The Supreme Court of Virginia will evaluate the legality of the order this week following Attorney General Jason Miyares’ decision to move to dismiss a separate lawsuit filed against the Youngkin administration by 13 parents with children in Chesapeake Public Schools.
I’ve asked the Supreme Court of Virginia to dismiss the lawsuit against Governor Youngkin and Executive Order two, which restores authority to parents to make the best decision for their children.
With our filing, we again affirm that parents matter. pic.twitter.com/6F3E0TBjmA
— Jason Miyares (@JasonMiyaresVA) January 21, 2022
The plaintiffs argue that the executive order violates state law.
Last year, the Virginia General Assembly passed a law stating that school systems must “offer and prioritize in-person instruction,” while adhering to “mitigation procedures, like mask-wearing, to the extent practicable as recommended by the Centers for Disease Control.”
“Petitioners have no adequate remedy at law and no time to spare. They and their children are likely to suffer irreparable harm and damage if this Court declines to grant immediate relief,” the parents wrote in their petition.
So far, the following school districts in Northern Virginia alone have decided to keep their mask mandates with no opt-out option:
- Fairfax County Public Schools
- Arlington County Public Schools
- Alexandria City Schools
- Fredericksburg City Schools
- Manassas City Schools
- Manassas Park City Public Schools
- Prince William County Public Schools
- Stafford County Public Schools
- Loudoun County Public Schools