Virginia Court Issues Narrow Temporary Injunction in Favor of 12 Parents Who Sued over School Mask Mandate Opt-Out

U.S. District Court, Western District of Virginia Judge Norman Moon has issued a temporary injunction in a lawsuit by 12 parents of children at high risk due to COVID-19, blocking enforcement of Virginia’s new law and executive order requiring school mask mandate opt outs. The injunction is narrowly focused on the plaintiffs, and the order is careful to clarify that both the executive order and the law remain in effect in Virginia.

“E.O. 2 and S.B. 739 are the law in Virginia and they remain in force, affording parents the choice whether their children should wear masks to school, notwithstanding any school rule that would require students to wear masks.
The Court’s decision and injunction today directly impact only the twelve Plaintiffs in this case. The Court enjoins Defendants from enforcing E.O. 2 and S.B. 739 only as against these Plaintiffs in their ability to ask for (not definitely to receive) from their schools some amount of masking as a reasonable modification,” Moon wrote in the order issued Wednesday.

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