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A lawsuit challenging an order requiring school masks is dismissed by Virginia

A lawsuit filed against Gov. Glenn Youngkin's executive order prohibiting school mask regulations has been dismissed by Virginia's new attorney general.

The parents who sued lacked standing and could not fully establish their case, according to Attorney General Jason Miyares, a Republican like Youngkin.

"First, petitioners lack standing because they have failed to establish any cognizable damage of any type, or to describe how such an injury is specific to them." Second, the petition seeks a remedy that is not attainable under this Court's original jurisdiction, as neither mandamus nor prohibition may replace the injunctive relief sought by the petitioners. Finally, even if the petitioners have standing and their petition was properly filed, this Court should dismiss their claim on the merits because they have not identified a 'clear entitlement... to the remedy sought.

"For the purposes of this section, each school board shall I adopt, implement, and, as necessary, update specific parameters for the provision of in-person guidance, and (ii) provide such in-person guidance in a manner that adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs, elementary and secondary schools, and other public institutions to reduce the transmission of COVID-19 that have been provably effective."

22 Jan 2022


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