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

Lawyers on the case say Governor Glenn Youngkin doesn't have the authority to supersede federal policies.

NORFOLK, Virginia — A new federal lawsuit once again puts Virginia Gov. Glenn Youngkin's Executive Order Number 2 in the legal spotlight. 

The suit, filed this week, comes from a group of Virginia parents of children with disabilities. The case argues that the order, which allows for parents to choose whether their child attends school with a face mask, violates anti-discrimination policies laid out by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 

“A number of parents started reaching out to our legal organizations, expressing concern, that this order could mean their kids not going to school and participating in their public education," Kaitlin Banner said. Banner is with the Washington Lawyers’ Committee For Civil Rights And Urban Affairs.

There are several legal groups, including the ACLU of Virginia, on the case.

The lawsuit details the experiences and concerns of parents of 12 children across the Commonwealth, who feel without universal masking policies in school, their children are at higher risk for becoming sick. 

Some parents listed as plaintiffs are from the Hampton Roads region, but many are only listed by initials for the sake of anonymity. 

The lawsuit cites CDC guidance, saying children with disabilities are more likely to develop serious illness from COVID-19.  

"What it says is that without universal masking, students with disabilities would be excluded from school and public education. This is a kind of discrimination barred from federal law like the ADA and Rehabilitation Act. Under those laws, public schools could not exclude students with disabilities," Banner said.

Banner told 13News Now it's created a problematic dilemma for these parents, who felt the only course of action was legal action. 

“All experiencing a choice between of risking health and safety in a situation that may be unsafe for them, or foregoing their education," Banner said. 

13News Now reached out for comment from the Governor's Office, but has not heard back as of publishing time.

The full suit can be found through the ACLU of Virginia's website

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