ARLINGTON, Va. — Attorneys for Gov. Glenn Youngkin and several school districts in Virginia argued over his decision to lift mask mandates in schools and give parents the option.
Seven school divisions in Virginia including Fairfax, Prince William and Arlington Counties filed a lawsuit against Youngkin over his executive order to give families the choice to send their kids to school without a mask.
They challenge the legal authority and if the governor can supersede SB1303 passed last year, which requires schools to "provide such in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention."
What is considered practicable is at question. Arlington Circuit Court Judge Louise DiMatteo stressed her decision will not answer if the mask policy is correct, but the hierarchy of authority.
"I'm not deciding on who is right or wrong on masking," DiMatteo said in court. "Can he [Youngkin] do it?"
Attorney John Cafferky, who is representing the school districts, said the order is more about parental rights, and not limiting the spread of COVID-19. The order goes against school systems having the responsibility and authority to govern their protocols, he argued. He said the governor has no authority over SB1303.
"It's important for purposes of COVID, clarification and also the governance of school divisions in the Commonwealth of Virginia," Cafferky said.
Virginia Deputy Attorney General Steven Popps argued SB1303 does not mention mask mandates. If everyone must follow the CDC, Popps said there are many guidelines outside of masks school districts are not following.
Popps argued Gov. Ralph Northam has used the same executive emergency powers in the past with no issue. He said the same executive authority should be applied no matter the person.
Popps also said school boards are not independent or sovereign since they are agents of statutes imposed by the General Assembly. When asked if the governor's executive order has a greater effect than SB 1303, Popps said, "I don't believe so." He added that there is no conflict between the school board and the governor's executive rights, which he described as vast and broad, and is not curtailed by SB 1303.
DiMatteo will take both arguments under advisement. Her decision could come down by the end of the workweek.
"I don't intend to wait long to make a decision," she said.