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Alicia Abelson | aabelson@wtop.com
Sarah Jacobs | sjacobs@wtop.com
March 24, 2022, 6:25 AM
A federal judge has ruled in favor of the families of 12 immunocompromised students, who filed a lawsuit claiming that Virginia’s new mask-optional law violates their rights under the Americans with Disabilities Act.
In his ruling, Judge Norman Moon makes clear that SB739 is law in Virginia, but the law is precluding the students’ rights to seek masking as an accommodation under the ADA, even if it’s the most reasonable option.
EXPLAINER: What a federal judge’s ruling in favor of 12 immunocompromised children means for masking in Virginia. https://t.co/57GM2z3LpE pic.twitter.com/iD7t7FC6lv
— Neal Augenstein (@AugensteinWTOP) March 24, 2022
Attorney Christopher Seaman, who was named as one of the plaintiffs in the suit, said on a Twitter post that the ruling states that the state is temporarily blocked from enforcing its law in the schools where the children attend.
Moon’s ruling prohibiting enforcement of the mask-optional law came in a preliminary injunction, before trial, which is expected to move forward. Virginia Attorney General Jason Miyares had also asked the judge to dismiss the suit, which was filed by the ACLU on behalf of the students.
In a statement Wednesday, Miyares said that Moon’s ruling affirms Gov. Glenn Youngkin’s executive order, and SB739 is “the law of Virginia and parents have the right to make choices for their children.”
The students in the lawsuit have conditions including cancer, cystic fibrosis, moderate-to-severe asthma, Down syndrome, lung conditions and weakened immune systems. Fairfax County, the state’s largest school system, had asked to be heard in support of the lawsuit.
Youngkin faced pushback from school systems over his executive order that gives families the ability to opt out of school-issued mask mandates, which he issued shortly after being sworn into office in January.
A month later, he signed SB739 into law, leaving it up to parents to decide whether their child wears a mask to school.
WTOP’s Neal Augenstein and Abigail Constantino contributed to this report.
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