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Thu Mar 24, 2022, 10:26 AM Mar 2022

Judge rules in favor of immunocompromised students, but masking still optional in Virginia

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Judge rules in favor of immunocompromised students, but masking still optional in Virginia

Alicia Abelson | aabelson@wtop.com
Sarah Jacobs | sjacobs@wtop.com

March 24, 2022, 6:25 AM

A federal judge has ruled in favor of the families of 12 immunocompromised students, who filed a lawsuit claiming that Virginia’s new mask-optional law violates their rights under the Americans with Disabilities Act.

In his ruling, Judge Norman Moon makes clear that SB739 is law in Virginia, but the law is precluding the students’ rights to seek masking as an accommodation under the ADA, even if it’s the most reasonable option.

What does the ruling mean? WTOP’s Neal Augenstein explains in this tweet.



Attorney Christopher Seaman, who was named as one of the plaintiffs in the suit, said on a Twitter post that the ruling states that the state is temporarily blocked from enforcing its law in the schools where the children attend.



Moon’s ruling prohibiting enforcement of the mask-optional law came in a preliminary injunction, before trial, which is expected to move forward. Virginia Attorney General Jason Miyares had also asked the judge to dismiss the suit, which was filed by the ACLU on behalf of the students.

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WTOP’s Neal Augenstein and Abigail Constantino contributed to this report.

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