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Judge blocks Youngkin’s mask mandate ban in 7 Virginia school districts

An Arlington judge issued an order temporarily blocking Virginia Gov. Glenn Youngkin’s executive order regarding mask mandates from being enforced in seven school districts.

Alexandria, Arlington, Fairfax County, Falls Church City, Hampton City, Prince William County and Richmond schools can keep their mask mandates in place, according to the temporary injunction issued by Arlington Circuit Judge Louise M. DiMatteo. The judge’s order will remain in place until it is legally resolved.

The order comes after DiMatteo granted the school districts a restraining order against Youngkin’s mask mandate ban Friday, temporarily halting it.

Youngkin’s executive order, which aimed to let parents opt out of school mask mandates, went into effect Jan. 24 and has been the subject of lawsuits from school systems and parents’ groups ever since.

One of those lawsuits came from a group of Chesapeake parents who are fighting Youngkin’s ban on mask mandates. The Virginia Supreme Court dismissed the case Monday. The governor said he is pleased by the dismissal, and emphasized that the issue is not about masking but parents’ choice.

“We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care. To be clear, this is not about pro-mask vs. anti-mask, but rather parents making decisions about what’s best for their child’s health,” Youngkin said in a statement.

The Loudoun County School Board, which voted to uphold the county’s mask mandate, is being challenged by three families accusing the board of violating the governor’s executive order. Youngkin and other members of his administration have asked to join the families’ suit.

Virginia Senate advances bill to ban school mask mandates

Parents in Virginia are a step closer to being able to disregard local school board requirements that their children wear masks in school.

The Virginia state Senate on Tuesday voted to advance a law that would prevent local school boards from implementing a mask requirement in schools. The legislation, which received bipartisan support, passed 29-9.

It will still require another vote in the Senate and a vote in the House of Delegates before heading to Gov. Glenn Youngkin’s desk. Youngkin said in a statement that he would sign the bill.

“I’ll summarize my strategy in three words — return to normalcy,” Sen. Chap Petersen said. “Everything I’m going to be about for the next few weeks is return to normalcy, particularly for children.”

School boards, parents and public health experts have been split on the issue of masking in schools, with some urging leadership to create an “off-ramp” for mask requirements and others suggesting mask mandates remain until case numbers fall further.

The Centers for Disease Control and Prevention currently recommends “universal masking” in its guidelines for K-12 schools. However, governors in four states have announced plans to end mandates in the coming weeks.

The new legislation, which Petersen created as an amendment to Sen. Siobhan Dunnavant’s bill regarding in-person learning, says: “Not withstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property.”

It adds, “A parent making such an election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election.”

Petersen on Monday sent a letter to Fairfax County Superintendent Scott Brabrand, saying school mask requirements don’t correlate with community health.

Dunnavant, who is also a physician, said data doesn’t support school masking as a mitigation measure.

“I know that this has been scary and emotionally evocative, and all of us have lost friends and neighbors,” Dunnavant said. “But you cannot make decisions that have negative outcomes for children based on anxiety when the science doesn’t support it. And that’s where we are.”

If the bill gets passed, it wouldn’t go into effect until July 1. However, a source close to Youngkin said he can add an emergency clause to the bill, which would make it effective immediately after another House and Senate vote.

Currently, masks are still required in all Northern Virginia school systems. Virginia hasn’t had a statewide indoor mask mandate since former Gov. Ralph Northam lifted it in May 2021.