Virginia Governor Glenn Youngkin speaks during a press conference in January about the executive order establishing K-12 lab schools.
Steve Helber / AP file photo
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Steve Helber / AP file photo
Virginia Governor Glenn Youngkin speaks during a press conference in January about the executive order establishing K-12 lab schools.
Steve Helber / AP file photo
RICHMOND, Va. – A judge on Friday temporarily halted an executive order by Virginia Governor Glenn Youngkin of Republican Party seeking to allow parents to decline the mandate to wear masks in classrooms for their children, but met with resistance from some school districts.
Judge Louise DiMatteo of Arlington Court ruled in favor of seven school boards that filed lawsuits against the governor’s order, one of the first actions Youngkin took after taking office on January 15. Her temporary restraining order means that the school board could mandate the wearing of masks. still, at least for now.
The judge found that the only issue in court was whether Youngkin, through his emergency powers, could override the local school board’s decision to authorize them under the 2021 state law required by state law. The council provides direct guidance on how to adhere to federal COVID-19 mitigation strategies “to the fullest extent practicable.” The Centers for Disease Control and Prevention recommends wearing a mask for the whole population, regardless of vaccination status.
“On this bottom line, the Court concluded that the Governor could not” impose on local school officials, the judge wrote in his ruling.
DiMatteo said that while the case is pending in court, it seems likely to be beneficial to keep current policies on the regulation of universal masks intact.
“Following the established rules during the school year helps children, families and staff understand how they may be affected during the pandemic. Without the ban, children and staff would had to reassess certain health conditions they believed were affected by the mask policy (any mask policy), based on the universal mask-wearing mandate undertaken by the School Board,” DiMatteo wrote in his judgment.
A spokesman for Attorney General Jason Miyares said he would appeal the ruling.
Youngkin spokesman Macaulay Porter said in a statement that the decision is only the first step in the trial. “The Governor will not stop fighting for the ability of parents to choose what is best for their children,” she said.
The school board said in a joint statement that the judge’s order protects “the health and well-being of all students and staff and reaffirms the constitutional right of Virginia’s local school board to policy enactment at the local level.”
The school boards that have sued are: Alexandria, Arlington County, Fairfax County, Falls Church, Hampton, Prince William County and Richmond. They collectively serve more than 350,000 students.
Youngkin, who has campaigned extensively on education issues and has long said he opposes masked mandates, signed the order within hours of being sworn in. It went into effect on January 24.
School districts across the state have taken different approaches to the governor’s order, with many students saying masks are still required, despite the governor’s order. Others quit their duties.
The Arlington case is one of a number of lawsuits involving Youngkin’s executive order but the first to be brought before a judge.
A group of parents in the Chesapeake challenged the order before the Virginia Supreme Court, and parents of children with disabilities filed a federal lawsuit. Another case was filed in Loudoun County against the school board and in favor of the governor’s order.
Fairfax County Public Schools Board President Stella Pekarsky said in an interview that the uncertainty over the past few weeks has made it difficult for families, the majority of whom have chosen to have their children comply in accordance with the district’s masking policy.
“We hope this will be permanent,” she said.
