ACPS, APS, et al sue over EO

[Anonymous]

Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO.

Um, except their kids potentially getting COVID if other students refuse to wear masks?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Oh goodie, let's waste money on lawsuit when we don't have to. There was already a legal challenge, we should have just waited for the outcome or better yet let Fairfax pay for this battle.

The parents’ lawsuit wasn’t enough because they don’t have standing to asset certain potential harm from the EO that the schools can, such as risk of loss of federal funding and jeopardizing insurance coverage for covid-related claims. Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO. If the state were to prevail on that argument for the parents, the schools have a better chance of overcoming it.

Exactly, it's not the same lawsuit twice. It raises different legal arguments.

[Anonymous]

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Oh goodie, let's waste money on lawsuit when we don't have to. There was already a legal challenge, we should have just waited for the outcome or better yet let Fairfax pay for this battle.

The parents’ lawsuit wasn’t enough because they don’t have standing to asset certain potential harm from the EO that the schools can, such as risk of loss of federal funding and jeopardizing insurance coverage for covid-related claims. Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO. If the state were to prevail on that argument for the parents, the schools have a better chance of overcoming it.

Exactly, it's not the same lawsuit twice. It raises different legal arguments.

He'll move to dismiss this one too or at least oppose emergency relief. Youngkin isn't trying to enforce his EO or withholding any funds. The Districts are operating with a continued mask mandate. Life is the same before the EO as it was after for these Districts. (The EO was all for show to make his base happy).

[Anonymous]

Thanks Youngkin for joining the crowd willing to play politics with schools rather than doing something to support and improve education. Proving up your critics on Day 1, nicely done.

[Anonymous]

The lawsuit is silly. I wish people would put their energy into helping kids and making schools better - improvement in courses, teaching, running, quality overall.
You want to wear a mask, do it. You don't? Don't do it. Who cares? Everyone who wants to be vaccinated probably is. Beyond that, we're all going to get this virus anyway. WE ARE ALL GOING TO GET THIS VIRUS ANYWAY (we really are). If not this strain, the next strain or the one after that. But at this point in time, we're going to all survive. Will be be 100% OK forever? Probably not. But for now, I'd rather put energy into making things better. Not in arguing over political mandates that honestly don't matter when there are so many divided on belief anyway. To each their own but let's change what we can!

[Anonymous]

Anonymous wrote:Thanks Youngkin for joining the crowd willing to play politics with schools rather than doing something to support and improve education. Proving up your critics on Day 1, nicely done.

And his son goes to private Georgetown Prep (MD) where there is a mask mandate.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

[Anonymous]

*lockdowns

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous




Never forget that APS' general counsel went to literally (literally!) the worst law school in the country.

Which school?

She went to Whittier 20 years before it tanked in the rankings and then closed, so it has nothing to do with her qualifications or this lawsuit.

The school boards also are using outside counsel for this suit, so the educational pedigree of APS's counsel is especially irrelevant.

With all the lawyers in the county, the only one they could find to take the job was one her? Really?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So Northam's EO directing a mask mandate is fine? But Youngkin's EO directing a repeal of the mask mandate is not? One governor overstepped in forcing local school boards to submit to the EO? But the other governor did not overstep his authority?

The former was under a declared health emergency and didn’t conflict with SB 1303.

But the lawsuit is based on the governor pushing his will on local school boards. It is not based on state lockouts and 1303.

I'm glad the SBs are protective of their authority. This time it's about masks and you can agree or disagree with that issue, but who knows what it will be the next time, whether from a R or D governor.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous




Never forget that APS' general counsel went to literally (literally!) the worst law school in the country.

Which school?

She went to Whittier 20 years before it tanked in the rankings and then closed, so it has nothing to do with her qualifications or this lawsuit.

The school boards also are using outside counsel for this suit, so the educational pedigree of APS's counsel is especially irrelevant.

Who’s the outside counsel?

[Anonymous]

Anonymous wrote:Nine days into his administrations already a defendant in two lawsuits, including one brought collectively by seven school systems. That level of fail takes some doing.

Oh please. They would have sued him over a hangnail.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Oh goodie, let's waste money on lawsuit when we don't have to. There was already a legal challenge, we should have just waited for the outcome or better yet let Fairfax pay for this battle.

The parents’ lawsuit wasn’t enough because they don’t have standing to asset certain potential harm from the EO that the schools can, such as risk of loss of federal funding and jeopardizing insurance coverage for covid-related claims. Miyares has filed a motion to dismiss the parents’ lawsuit on the grounds that the parents failed to allege adequate particularized injuries to them resulting from the EO. If the state were to prevail on that argument for the parents, the schools have a better chance of overcoming it.

Exactly, it's not the same lawsuit twice. It raises different legal arguments.

Fine then let Fairfax fight the battle and spend their money. And we will just stand behind them and say "Yeah, what they said!" and cheer them on with a cost of zero dollars.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous




Never forget that APS' general counsel went to literally (literally!) the worst law school in the country.

Which school?

She went to Whittier 20 years before it tanked in the rankings and then closed, so it has nothing to do with her qualifications or this lawsuit.

The school boards also are using outside counsel for this suit, so the educational pedigree of APS's counsel is especially irrelevant.

Who’s the outside counsel?

BLANKINGSHIP & KEITH, P. C.
John F. Cafferky
William B. Porter
Michael K. Kim