Federal judge gives partial victory to ACLU in mask lawsuit

RICHMOND, Va. (WWBT) - A federal judge hands down a decision in the ACLU’s lawsuit over masks in schools.

The suit was filed on behalf of 12 families whose children have compromised immune systems. Those families wanted mask mandates to be reinstated in Virginia schools, claiming the repeal violates the Americans with Disabilities Act.

The judge ruled that the Governor’s executive order and the law that makes masks optional will stay in place.

Governor signs bill ending school mask mandates in Virginia

However, the ruling allows the families specified in the lawsuit to ask for accommodations with masking in their specific school district.

That potentially opens the door for mask requirements to be reinstated in schools those children attend.

Attorney General Jason Miyares issued a statement regarding the decision:

“Today’s ruling affirms that Governor Youngkin’s Executive Order 2 and Senate Bill 739 is the law of Virginia and parents have the right to make choices for their children.”

In a 56-page written opinion order released this evening, the Court stated “E.O. 2 and S.B. 739 are the law in Virginia and they remain in force, affording parents the choice whether their children should wear masks to school, notwithstanding any school rule that would require students to wear masks.”

Read the full opinion here.

Send it to 12 here.

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