Federal judge rules in favor of parents who sued against Virginia mask mandates : NPR


Final month, Virginia Gov. Glenn Youngkin posed with college youngsters and oldsters after signing a invoice that bans masks mandates in public faculties in Virginia.

Steve Helber/AP

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Steve Helber/AP

Final month, Virginia Gov. Glenn Youngkin posed with college youngsters and oldsters after signing a invoice that bans masks mandates in public faculties in Virginia.

Steve Helber/AP

A brand new Virginia state regulation prohibiting masks mandates in public faculties doesn’t apply to 12 college students with disabilities whose mother and father challenged the regulation, a federal decide has dominated. Final month, the mother and father of 12 college students throughout Virginia asked the court to halt enforcement of the regulation, saying it violated their rights underneath the federal American with Disabilities Act. The regulation, signed by newly elected Republican Gov. Glenn Youngkin, went into impact March 1; it gives parents a say over whether or not their youngsters ought to put on masks in class. On Wednesday, U.S. District Court docket Choose Norman Moon issued a preliminary injunction, saying the brand new regulation can’t stop the 12 college students from searching for “reasonable modification” to their classroom setting, which may embrace requiring the remainder of the category to put on masks.

The group of fogeys have youngsters whose well being circumstances vary from cystic fibrosis to bronchial asthma that put them at heightened threat for COVID-19. Moon mentioned that federal regulation requires that faculties be capable of afford “affordable modifications” from common insurance policies and mentioned that the youngsters concerned within the case would endure “irreparable hurt” ought to modifications not be made. The decide additionally emphasised that the Virginia regulation would keep in place and that the injunction solely applies to the 12 plaintiffs on this case.

The American Civil Liberties Union, which was one in every of a number of authorized organizations that filed on behalf of the plaintiffs, mentioned the injunction served as a “blueprint.” “Whereas the injunction is proscribed to those 12 college students, it’s clearly a blueprint for any father or mother of a scholar with disabilities to guarantee their college district could make lodging when the protection of their youngsters is at stake and that state regulation can’t stand in the way in which,” the ACLU said. In a statement, Virginia Lawyer Common Jason Miyares mentioned the ruling affirms that “mother and father have the precise to make decisions for his or her youngsters.” The case was seen as a big step in Virginia’s masks mandate controversy as a result of it used the American with Disabilities Act as a authorized argument to counter the brand new regulation.



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