Two immunocompromised minors are behind the ACLU's federal lawsuit live in Loudoun and Fairfax counties. "Our clients, who all wear masks regularly, need other people around them to wear masks as well in order to keep them protected," said a member of the ACLU Virginia's legal team Kaitlin Banner.
According to local outlet WTOP, the ACLU of Virginia argues that immunocompromised kids have a right to stay safe while in school, claiming that allowing other students the possibility of going maskless violates the children's civil rights. The legal motion argues that schools not forcing K-12 children to mask up in classrooms violates the Americans with Disabilities Act.
Banner noted two other lawsuits filed against the governor, which allege that state law doesn't allow Youngkin to set practices for school districts. "What our lawsuit is looking at, which is different from those, is does the governor's order prevent school districts from complying with federal civil rights laws; prevent them from making reasonable accommodations for kids with disabilities," Banner went on.
The national ACLU, which presents itself as a defender and preserver of individual rights and liberties guaranteed to every American under the Constitution, has taken a Progressive stance on numerous issues in recent times while opposing certain beliefs being battled over in the culture war for which it used to fight.
For example, the ACLU has come out in opposition to curriculum transparency after years of claiming that "there can be no accountability without transparency."
Youngkin’s executive order, which aimed to let parents opt out of school mask mandates, went into effect January 24 and has been the subject of lawsuits from school systems and parents’ groups ever since.
Another one of those lawsuits came from a group of Chesapeake parents who are fighting Youngkin’s ban on mask mandates. The Virginia Supreme Court dismissed the case Monday. The governor said he is pleased by the dismissal and emphasized that the issue is not about masking but parents’ choice.
“We will continue to protect the rights of parents to make decisions regarding their child’s health, education, upbringing, and care. To be clear, this is not about pro-mask vs. anti-mask, but rather parents making decisions about what’s best for their child’s health,” Youngkin said in a statement.