On Friday, a Virginia state judge issued a temporary restraining or order that would prevent Gov. Glenn Youngkin has issued an executive order that makes masking in schools voluntary.
Louise M. DiMatteo, Arlington County Circuit Court Judge, found that the seven school districts who had sought to block the order were “likely” to succeed with their argument that Youngkin lacked the authority to overrule local school boards.
Last month, the school districts sued Youngkin’s Jan. 15, order that allowed parents to choose if their children wore masks in public schools despite district requirements was “a clear violation” of the School Boards’ constitutional rights. They also claimed that making masking optional would render their universal masking policy to stop the spread of Covid-19 “ineffective.”
Youngkin’s lawyers claimed that he was authorized to issue the order due to the governor’s “very wide” emergency powers. Youngkin’s team requested a court order to enforce the directive. It was supposed to go into effect Jan. 24, but it has been defied by some school districts, according to the Washington Postreported.
Youngkin, who was a campaigner for giving parents more control of their children’s education, signed this order on his first day as an office holder. Youngkin’s first setback in court is the judge’s order. It will be in effect until she makes a final decision.
Macaulay Porter, a Youngkin spokesperson, stated that the administration would appeal the decision.
Porter stated that “the governor will not stop fighting for the parents’ ability to decide what is best for their child,”
The school districts made a joint statement praising the ruling.
“Prior today’s decision, Virginia school board were in a legally untenable situation — they were faced with an executive or in conflict with state law and the state constitution. The statement stated that the conflict also puts the safety and health of our students, staff and volunteers at risk as the Omicron variant continues its impact on Virginia localities.
“We are looking forward to the day when universal mask-wearing will no longer be necessary as part of our layered risk mitigation strategies to keep our schools open for learning in-person, but that day is not yet.”
