A brand new Virginia state legislation prohibiting masks mandates in public faculties doesn’t apply to 12 college students with disabilities whose mother and father challenged the legislation, a federal choose has dominated.
Final month, the mother and father of 12 college students throughout Virginia requested the court docket to halt enforcement of the legislation, saying it violated their rights underneath the federal American with Disabilities Act. The legislation, signed by newly elected Republican Gov. Glenn Youngkin, went into impact March 1; it offers mother and father a say over whether or not their youngsters ought to put on masks in class.
On Wednesday, U.S. District Courtroom Choose Norman Moon issued a preliminary injunction, saying the brand new legislation can’t forestall the 12 college students from in search of “affordable modification” to their classroom setting, which might embody 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 danger for COVID-19.
Moon stated that federal legislation requires that faculties have the ability to afford “affordable modifications” from common insurance policies and stated that the kids concerned within the case would undergo “irreparable hurt” ought to modifications not be made.
The choose additionally emphasised that the Virginia legislation 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 among a number of authorized organizations that filed on behalf of the plaintiffs, stated the injunction served as a “blueprint.”
“Whereas the injunction is restricted to those 12 college students, it’s clearly a blueprint for any father or mother of a scholar with disabilities to guarantee their faculty district could make lodging when the protection of their youngsters is at stake and that state legislation can’t stand in the best way,” the ACLU stated.
In an announcement, Virginia Legal professional Normal Jason Miyares stated the ruling affirms that “mother and father have the suitable to make selections for his or her youngsters.”
The case was seen as a major 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 legislation.