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    Loudoun County Parents V Loudoun School Board / MASKS Verified listing

    • Date
      February 1, 2022
    • City/County
      Loudoun County, Virginia
    • Type of Case
      School Board DECLARATORY AND INJUNCTIVE RELIEF School Board Violations of Executive Order 2 (“EO 2”). f Parents allege that the School Board’s interference with their rights to direct their children’s care and education violates EO 2, S.B. 1303, and the Virginia Code, including Section 22.1-87, which prohibits the School Board from taking arbitrary and capricious action.
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    Title

    Loudoun County Parents V Loudoun School Board / MASKS

    Case Number

    Case No. 22-546

    State or Country
    Virginia
    Judges

    Douglas L. Fleming Jr.
    Chief Judge

    James P. Fisher
    Judge

    Jeanette A. Irby
    Judge

    James E Plowman
    Judge

    Stephen E. Sincavage
    Judge

    Loudoun County Circuit Court Judge Jeanette Irby, who was assigned to preside over a pair of ongoing recall cases involving school board members, is recusing herself from the cases, according to court records.

    Defendant

    LOUDOUN COUNTY SCHOOL BOARD,

    Plaintiff Attorney

    Robert Luther lll VSB #78766
    JONES DAY
    51 Louisiana AVenue, NW
    Washington DC, 20001
    202-879-3785
    Fax 202-626-1700
    RLuther@jonesday.com

    Of Counsel:
    James M. Burnham
    Joseph P. Falvey
    Caleb P. Redmond
    Abigail Stout
    JONES DAY
    51 Louisiana AVenue, NW
    Washington DC, 20001
    202-879-3785
    Fax 202-626-1700

    Intervener

    THE COMMONWEALTH OF VIRGINIA,
    by GLENN A. YOUNGKIN, Governor of Virginia,
    JASON S. MIYARES, Attorney General of Virginia, and
    JILLIAN BALOW, Superintendent of Public Instruction

    Lawyers: ANDREW N. FERGUSON (#86583)
    Solicitor General
    KEVIN M. GALLAGHER (#87548)
    Deputy Solicitor General
    GRAHAM K. BRYANT (#90592)
    ANNIE CHIANG (#94703)
    M. JORDAN MINOT (#95321)
    Assistant Solicitors General

    JASON S. MIYARES
    Attorney General
    CHARLES H. SLEMP III (#79742)
    Chief Deputy Attorney General
    STEVEN G. POPPS (#80817)
    COKE MORGAN STEWART (#41933)
    Deputy Attorneys General
    Office of the Attorney General
    202 North Ninth Street
    Richmond, Virginia 23219
    (804) 786-5315-Telephone
    (804) 371-0200-Facsimile

    Social Networks
    • Other
    • Other
    • Other
    • Other
    • Other
    Document Links 1 (Scribd et. al)

    https://www.oag.state.va.us/files/2022/As-Filed-Papers-in-Barnett-v-LCSB.pdf

    Document Link 2

    https://bloximages.newyork1.vip.townnews.com/loudountimes.com/content/tncms/assets/v3/editorial/5/c0/5c0ee570-83af-11ec-918e-f37b7aba3344/61f9b6ea3e876.pdf.pdf

    Date
    February 1, 2022
    Type of Case
    School Board DECLARATORY AND INJUNCTIVE RELIEF School Board Violations of Executive Order 2 (“EO 2”). f Parents allege that the School Board’s interference with their rights to direct their children’s care and education violates EO 2, S.B. 1303, and the Virginia Code, including Section 22.1-87, which prohibits the School Board from taking arbitrary and capricious action.
    The Court the Case was filed in

    IN THE CIRCUIT COURT FOR THE COUNTY OF LOUDOUN

    County/City:
    Loudoun County, Virginia
    Plaintiff

    KRISTEN BARNETT, HEATHER YESCAVAGE, and
    COLIN DONIGER,

    Comments

    Commonwealth of Virginia
    Office of the Attorney General

    Jason S. Miyares
    Attorney General

    202 North 9th Street
    Richmond, Virginia 23219
    804-786-2071
    FAX 804-786-1991
    Virginia Relay Service
    800-828-1120

    For media inquiries only, contact:
    Victoria LaCivita
    (804) 588-2021
    vlacivita@oag.state.va.us
    ATTORNEY GENERAL MIYARES SIDES WITH LOUDOUN PARENTS IN RECENT LAWSUIT
    The Governor, Attorney General, and the Superintendent of Public Instruction filed a motion today to join Loudoun County parents in a pending lawsuit against their school board. The Loudoun parents are suing their school board for ignoring the Governor’s executive order two and preventing an ‘opt out’ option for mask mandates. After nearly two years in this pandemic, we have better risk mitigation strategies and vaccines, and we know much more about the efficacy of requiring children to wear masks all day.

    Parents know what is best for their children and should be able to decide if their children wear a mask for eight hours a day. For this reason, the Attorney General, Governor, and Superintendent of Public Instruction are seeking a motion for temporary injunction and a motion for temporary restraining order.

    “When the pandemic started, Governor Northam used his emergency powers to close down places of worship, private businesses, and schools and impose a universal mask mandate. Nearly two years later, Governor Youngkin is using those same emergency powers to adapt to our current phase in the same pandemic, by giving parents the ability to opt out of a school mask mandate,” said Attorney General Miyares. "We have always expected this to be settled in the Courts and have complete faith in the legal process. In the meantime, we encourage parents to listen to their school principal until this is resolved in the courts.”

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