Va. AG Miares asks judge to reject ACLU’s lawsuit on masked mandates, deny injunction

Virginia Attorney General Jason Miares has asked a federal judge to dismiss a lawsuit filed by the ACLU on behalf of immunocompromised children who argued that the Commonwealth Masks Optional Masks Act violates students ’civil rights.

Virginia Attorney General Jason Miares asked a federal judge to dismiss a lawsuit filed by the ACLU on behalf of immunocompromised children claiming that the Commonwealth the recent Optional Masks Act violates students’ civil rights by preventing schools from complying with the Americans with Disabilities Act.

In a petition filed in Charlottesville Federal Court, Attorney General Andrew Ferguson asked the court to deny the ACLU’s request for a preliminary ruling – a court ruling – in which the human rights group argued that immunocompromised children would be wronged in schools. . And the petition asked Judge Norman Moon of the U.S. District Court for West Virginia to dismiss the lawsuit.



“Under federal law, students with disabilities who need accommodation to participate in public education must report to their schools and work with their teachers and school officials to develop an individual plan to meet their needs,” Ferguson wrote. “Instead of requesting housing in their schools, the plaintiffs sued the Commonwealth and government officials.”

The ACLU lawsuit on behalf of immunocompromised children was originally filed Feb. 1 and involves students living in Laudan and Fairfax counties, among others. The plaintiffs are “students with disabilities who are at increased risk of serious illness or death if they become infected with COVID-19.”

The legal group also twice asked the judge: issue a ban to court.

The petition filed by the Attorney General’s Office shows that recent events weaken the plaintiff’s arguments and that the decision in favor of families will not lead to the introduction of a universal mask mandate: schools of Virginia ”.

While mask mandates were imposed in Virginia by former Gov. Ralph Northham, Glen Yangkin issued Order 2 on the day he was sworn in, Jan. 15. In the following days, Dr. Colin Green, acting Virginia Commissioner for Health, said WTOP that the evolving nature of the coronavirus and its variants meant that leadership would continue to evolve.

The argument from the Prosecutor General’s Office concerns the discussion about the effectiveness of fabric masks. “Even if universal mask mandates have been an effective mitigation measure, the ADA and Rehabilitation Act requires only a reasonable adaptation, not a specific adaptation that the plaintiff prefers.”

Ferguson writes that schools can provide immunocompromised students with “high-quality N95 or KN95 masks that protect the wearer regardless of whether there are others in the mask.” Other measures could be to improve ventilation in affected children’s classrooms, require masks for teachers and staff, or provide distance learning options.

The motion to dismiss the lawsuit states that the plaintiffs have not demonstrated that they have suffered from the abolition of the mask mandate: “The plaintiff must demonstrate more than just the ‘possibility’ of irreparable harm,” Ferguson said.

According to the court’s online records, the court will consider the petitions during the March 7 hearing.

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