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?


Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.


Whelp, personally, my kid is disabled, so he is not on sports fields or courts, nor has he ever been invited to a sleepover (and probably could not attend even if he were). So it would definitely be school for him.


Is it possible that he could catch Covid from his parents? I assume that they are going out in society (work, Walmart. grocery stores... where they pass by people not wearing masks). Unless the parents are locked down in the house as well, then there is no way to prove that he got it from school.

I work from home and his father is deceased. I get groceries delivered, because I do not want to increase DS's chances of contracting COVID, in light of his many other unrelated medical challenges. School is a must, going to Whole Foods in person is not.

[Anonymous]

Anonymous wrote:

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?


Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.


Whelp, personally, my kid is disabled, so he is not on sports fields or courts, nor has he ever been invited to a sleepover (and probably could not attend even if he were). So it would definitely be school for him.


Is it possible that he could catch Covid from his parents? I assume that they are going out in society (work, Walmart. grocery stores... where they pass by people not wearing masks). Unless the parents are locked down in the house as well, then there is no way to prove that he got it from school.

I work from home and his father is deceased. I get groceries delivered, because I do not want to increase DS's chances of contracting COVID, in light of his many other unrelated medical challenges. School is a must, going to Whole Foods in person is not.

Well, if you truly do not go out of your house ever, and your son only goes out of your house to go to school, then I do think you have a case. When the mask mandate is repealed and your son catches Covid, I think you should hire an attorney and sue for damages.

[Anonymous]

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

No way. There aren't enough subs and monitors to be in classrooms if they go to parent choice. Out of approximately 50+ teachers I've spoken to at my school, only 3 have indicated that they are willing to teach with unmasked students in their classrooms.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

Good. Better late than never. Mind boggling people think THEY should tell MY kid what to do or wear. LMAO

When your or your kid's bad choices have the potential to negatively impact my kid's health, you betcha I will tell your kid what to do or wear.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

No way. There aren't enough subs and monitors to be in classrooms if they go to parent choice. Out of approximately 50+ teachers I've spoken to at my school, only 3 have indicated that they are willing to teach with unmasked students in their classrooms.

Ever this school year? What about next school year?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

No way. There aren't enough subs and monitors to be in classrooms if they go to parent choice. Out of approximately 50+ teachers I've spoken to at my school, only 3 have indicated that they are willing to teach with unmasked students in their classrooms.

Ever this school year? What about next school year?

Lord, who knows. We're basically in survival mode and trying to get through the week. No one is thinking about next year unless they're in an active search for jobs outside of teaching, which a lot are. It may be all talk but who knows.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

No way. There aren't enough subs and monitors to be in classrooms if they go to parent choice. Out of approximately 50+ teachers I've spoken to at my school, only 3 have indicated that they are willing to teach with unmasked students in their classrooms.

Ever this school year? What about next school year?

Lord, who knows. We're basically in survival mode and trying to get through the week. No one is thinking about next year unless they're in an active search for jobs outside of teaching, which a lot are. It may be all talk but who knows.

And this is why we need Youngkin putting pressure on the school districts to do away with the mask mandate. Otherwise, we will just be making our kids wear masks for the next few years. It is like we have forgotten that the vaccines are doing a great job of preventing serious illness and death. Check out the numbers for yourselves: https://www.vdh.virginia.gov/coronavirus/see-the-numbers/covid-19-in-virginia/covid-19-cases-by-vaccination-status/

[Anonymous]

Anonymous wrote:So can we sue schools that go against CDC guidance and go mask optional during a surge?

Absolutely, it is what the Chesapeake parents are doing. And what Tennessee parents successfully did in federal court for a similar mask opt-out order in various Tennessee counties.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So can we sue schools that go against CDC guidance and go mask optional during a surge?

Absolutely, it is what the Chesapeake parents are doing. And what Tennessee parents successfully did in federal court for a similar mask opt-out order in various Tennessee counties.

So far, parents have sued in state court - https://www.wavy.com/wp-content/uploads/sites/3/2022/01/Verified-Petition.pdf

I haven't seen a federal suit yet but parents of students with disabilities in school districts observing a mask opt out should be able to file in the U.S. District Court for the Eastern District of Virginia something similar to this - https://www.classaction.org/media/gs-et-al-v-governor-bill-lee-et-al.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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?


Exactly how do u prove the covid they caught is because maskless kid in class and not maskless kid on the court/field/sleepover? No further questions your honor.


Whelp, personally, my kid is disabled, so he is not on sports fields or courts, nor has he ever been invited to a sleepover (and probably could not attend even if he were). So it would definitely be school for him.


Is it possible that he could catch Covid from his parents? I assume that they are going out in society (work, Walmart. grocery stores... where they pass by people not wearing masks). Unless the parents are locked down in the house as well, then there is no way to prove that he got it from school.

I work from home and his father is deceased. I get groceries delivered, because I do not want to increase DS's chances of contracting COVID, in light of his many other unrelated medical challenges. School is a must, going to Whole Foods in person is not.

Well, if you truly do not go out of your house ever, and your son only goes out of your house to go to school, then I do think you have a case. When the mask mandate is repealed and your son catches Covid, I think you should hire an attorney and sue for damages.

The ACLU of Virginia is building a class action. If your child does have a disability that makes them vulnerable/puts them at risk, reach out to them. You will not be alone.

https://acluva.org/en/get-help/intakes

[e-mail]

https://www.facebook.com/acluofvirginia/

https://twitter.com/ACLUVA/status/1485711505568014346?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1485711505568014346%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fpublish.twitter.com%2F%3Fquery%3Dhttps3A2F2Ftwitter.com2FACLUVA2Fstatus2F1485711505568014346widget%3DTweet

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:At issue is whether governor can, through executive order, without legislative action by the Virginia General Assembly, reverse a lawfully-adopted statute. In this case, Senate Bill 1303, adopted with the goal of returning students to safe in-person instruction five days a week in March 2021 and still legally in effect, provides that local school boards should follow The Centers for Disease Control and Prevention (CDC) health and safety requirements.

I'm thinking no, he cannot do that.

ACPS press release here, but no link to the Complaint yet, unfortunately: https://www.acps.k12.va.us/site/default.aspx?PageType=3&DomainID=1527&ModuleInstanceID=11396&ViewID=6446EE88-D30C-497E-9316-3F8874B3E108&RenderLoc=0&FlexDataID=15513&PageID=3707

I suspect there will be parent choice by Valentines Day no matter what happens with the EO. If the schools succeed, the legislature will take action, and they may do so in any event.. Look at who passed SB 1303, which will be the same folks that change it to create the "off ramp". https://www.dunnavantdelivers.com/post/press-release-statement-of-senator-dunnavant-on-sb1303?fbclid=IwAR3O9FICEtrmIrpp475K4WoIOYenKoYrAcROjrwR4q39-_ywF1rqLnnwzGc

Good. Better late than never. Mind boggling people think THEY should tell MY kid what to do or wear. LMAO

I mean, schools do have dress codes. Your kid can't show up to school in his/her underwear.

That’s funny. Come to my high school classroom in the fall or spring. They are in tops and shorts that cover less than most grown women’s bra and underwear. There hasn’t been a dress code in years.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So can we sue schools that go against CDC guidance and go mask optional during a surge?

Absolutely, it is what the Chesapeake parents are doing. And what Tennessee parents successfully did in federal court for a similar mask opt-out order in various Tennessee counties.

There are more of us than people realize. The ones wanting masks are just currently LOUD. Sit back and wait. Let it play out. They think they are fighting a battle but they are doing more to hurt themselves politically than they can ever image. It is a shame mask wearing had become so political but it is. This is an attack on Youngkin. These NOVA people in their bubble don’t realize the majority of the country, even in the solid blue states, are going on with life almost as normal without masks. It’s really odd how people here want to cling to masks and covid mitigation out of fear.

[Anonymous]

20:33 again. I’m a teacher willing to teach with maskless students right now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So can we sue schools that go against CDC guidance and go mask optional during a surge?

Absolutely, it is what the Chesapeake parents are doing. And what Tennessee parents successfully did in federal court for a similar mask opt-out order in various Tennessee counties.

There are more of us than people realize. The ones wanting masks are just currently LOUD. Sit back and wait. Let it play out. They think they are fighting a battle but they are doing more to hurt themselves politically than they can ever image. It is a shame mask wearing had become so political but it is. This is an attack on Youngkin. These NOVA people in their bubble don’t realize the majority of the country, even in the solid blue states, are going on with life almost as normal without masks. It’s really odd how people here want to cling to masks and covid mitigation out of fear.

No, we have some sense and a lot of the country does not. Youngkin made it political by trying undermine these school district’s efforts on his first day in office.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So can we sue schools that go against CDC guidance and go mask optional during a surge?

Absolutely, it is what the Chesapeake parents are doing. And what Tennessee parents successfully did in federal court for a similar mask opt-out order in various Tennessee counties.

There are more of us than people realize. The ones wanting masks are just currently LOUD. Sit back and wait. Let it play out. They think they are fighting a battle but they are doing more to hurt themselves politically than they can ever image. It is a shame mask wearing had become so political but it is. This is an attack on Youngkin. These NOVA people in their bubble don’t realize the majority of the country, even in the solid blue states, are going on with life almost as normal without masks. It’s really odd how people here want to cling to masks and covid mitigation out of fear.

No, we have some sense and a lot of the country does not. Youngkin made it political by trying undermine these school district’s efforts on his first day in office.

I agree. He made it political first. It was a bad move. This lawsuit is also a bad move and a waste of money. All of you should be focusing on improving the quality of education in schools for the children instead of fighting this silly mask battle. Cases will be down before anything is even decided.

Your comment about how we have sense and the rest of the country does not shows the NOVA ignorance and condescending bubble so many live in here.