Virginia appeals mask decision for 12 immunocompromised students

Virginia is appealing a federal judge’s ruling that the state’s mask law violates the rights of 12 immunocompromised college students under the Americans with Disabilities Act.

Virginia is appealing a federal judge’s ruling that favored the families of 12 immunocompromised students, who filed a lawsuit claiming the Commonwealth’s optional mask law violates their rights under the Americans with Disabilities Act .

Governor Glenn Youngkin, Attorney General Jason Miyares, Superintendent Jillian Balow and Acting Health Commissioner Colin Greene filed a Notice of Appeal on Friday that they would challenge Judge Norman Moon’s ruling in the United Nations Court of Appeals. United States for the fourth district, in Richmond.

Moon’s ruling said that while SB739 — based on Youngkin’s Executive Order 2 — is the law in Virginia, the terms of the law bar the 12 students who filed a complaint from being able to request a masking under the ADA.

Moon’s March decision for an injunction said Virginia could not enforce the mask law against the 12 families involved in the ACLU’s lawsuit.

However, Moon’s decision made it clear that the state’s mask law continues to apply to all other students.

“This is not a class action, and the twelve plaintiffs in this case have no legal right to ask the Court to waive this state law in Virginia schools (let alone school districts) that their children do not attend, or even those areas of their schools in which the applicants’ children do not attend,” Moon wrote.

Asked to detail the basis of the appeal, Miyares spokeswoman Victoria LaCivita declined to comment on the ongoing litigation.

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