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Virginia judge blocks Youngkin's order on optional masks, siding with school boards

A judge from the Arlington County Circuit Court concluded that Virginia's governor can't override the decisions of local school boards.

NORFOLK, Va. — A Virginia judge temporarily blocked Gov. Glenn Youngkin's executive order to make mask-wearing optional in public schools on Friday, siding with seven school boards that filed suit.

The school boards that filed suit against Executive Order 2 were: Alexandria, Arlington County, Richmond, Fairfax County, Falls Church, Hampton and Prince William County.

RELATED: Virginia parents of children with disabilities sue Gov. Youngkin over order that makes school masks optional

The school boards argued that Youngkin's order oversteps Virginia law and supersedes decisions made by local school boards. In an opinion letter, Arlington County Circuit Court Judge Louise DiMatteo seemed to agree.

DiMatteo wrote that the Virginia General Assembly "delegated certain policy determinations regarding the practicability of CDC COVID mitigation protocols" to local school boards. She also pointed out that the law authorizes school boards to update COVID-19 protocols if appropriate.

Senate Bill 1303, which became law in 2021, 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 (CDC).

DiMatteo continued by saying while Virginia's governor has significant emergency powers, those power can't go against the authority delegated to school boards by the General Assembly.

DiMatteo granted the school boards a temporary restraining order against Executive Order 2, which means the court is allowed "to preserve the status quo between the parties while litigation is ongoing."

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After the opinion was issued, the seven school boards said they were pleased with the result.

"The order allows schools to continue to protect the health and well-being of all students and staff," the school boards wrote in a joint news release. "While the legal process on this matter continues, today’s ruling preserves the existing policies and practices in Virginia school divisions, which includes masking requirements."

Macaulay Porter, a spokeswoman for Youngkin, said the governor will appeal the decision.

"The governor will never stop fighting for parents’ ability to choose what is best for their children," Porter tweeted. "The [governor] often said that this is not a pro-mask or anti-mask debate. It’s about parents knowing what’s best for their child’s health, & opting-out should there be a mask mandate."

Porter claimed that more people, "including from the scientific & medical community," are calling into question the efficacy of mask mandates for children.

The Centers for Disease Control and Prevention currently recommends universal indoor masking for anyone two years and older, including students, teachers, staff, and visitors, regardless of vaccination status.

Victoria LaCivita, a spokeswoman for Virginia Attorney General Jason Miyares, sent 13News Now the following statement:

“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. 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. By empowering parents with an opt-out option for face masks, Governor Youngkin is simply using the same executive powers used by Governor Northam to alter our response to the same pandemic. We are disappointed that the trial court did not fully agree with our interpretation of the law and we are preparing to appeal today's ruling.”

You can read the entire opinion letter from Judge DiMatteo below:

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