CHESAPEAKE, Va. — The Supreme Court of Virginia dismissed Castillo V. Youngkin Monday, rejecting a lawsuit filed by parents in the Chesapeake area over Gov. Glenn Youngkin’s executive order lifting mask mandates in public schools.
The court said that they refused to hear the claim based on procedural grounds and that although they dismissed the lawsuit, they are not offering an opinion on the legality of the order or any other issue pertaining to petitioners’ claims.
Democrats and many of the state’s largest school divisions originally expressed concern that the executive order ran counter to a state law governing COVID-19 mitigation in schools. The lawsuit also listed Chesapeake's school board and superintendent as defendants.
“The most important thing for us is our children’s safety, that’s number one,” said Matthew Castillo, one of the plaintiffs in the lawsuit. “[Senate Bill] 1303 says that we have to follow the CDC guidelines. So that’s all we’re asking, is that we follow the laws in place and not try to circumvent them in an overreach of authority.”
The 2021 law says each Virginia school board is required to offer in-person instruction that adheres “to the maximum extent practicable” to COVID-19 mitigation guidelines from the federal Centers for Disease Control and Prevention. The CDC currently recommends universal masking by anyone ages two and up, regardless of vaccination status.
Attorney General Miyares issued a statement regarding the decision, saying that he and the governor are pleased with the ruling.
“At the beginning of this pandemic, Governor Northam used his broad emergency powers to close places of worship, private businesses, and schools and impose a statewide mask mandate," Miayres wrote. "Nearly two years later, we have better risk mitigation strategies and vaccines, and we know much more about the efficacy of requiring children to wear masks all day. This is a victory for Virginia families.”
The American Civil Liberties Union (ACLU) of Virginia, as well as seven other school districts, have filed lawsuits against the executive order. Those districts include Alexandria City, Arlington County, City of Richmond, Fairfax County, Falls Church City, Hampton City and Prince William County.
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On Friday, an Arlington Circuit Court judge granted a temporary injunction to the seven school boards in Virginia, allowing the boards to mandate masks in education settings.