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A4 U.S. NEWS
Friday 25 March 2022
Judge sides with 12 disabled kids seeking masks in schools

By SARAH RANKIN ceed on the merits of their
Associated Press claim that the executive
RICHMOND, Va. (AP) — A order and new state law
federal judge has ruled “are preempted by federal
that an executive order law, to the extent that they
and new Virginia law al- prevent or limit Plaintiffs’
lowing parents to opt their schools or school districts
children out of classroom from considering Plaintiffs’
COVID-19 mask mandates individualized requests that
cannot prevent 12 vulnera- some amount of masking is
ble students from seeking a necessary as a ‘reasonable
“reasonable modification” modification’ to that oth-
that could include a re- erwise applicable Virginia
quirement that their class- law.”
mates wear masks. He wrote that the public
These students’ health con- interest is served by permit-
ditions, which include can- ting their school districts to
cer, cystic fibrosis, asthma, consider their individual-
Down syndrome, lung con- ized requests.
ditions and weakened im- The injunction will remain in
mune systems, make them effect until a final decision
particularly vulnerable to in the litigation is issued, the
COVID-19, their parents say. judge wrote.
They sued Republican Gov. Republican Attorney Gen-
Glenn Youngkin and other eral Jason Miyares said in
state officials in February, a brief statement that the
arguing that the mask-op- ruling affirms that “parents
tional policy effectively ex- have the right to make
cludes some disabled chil- choices for their children.”
dren from public schools, in Virginia Gov. Glenn Youngkin announces that he is calling a Special Session of the Legislature Eden Heilman, legal direc-
violation of the Americans on April 4, as he stands outside the Senate Chamber inside the State Capitol in Richmond, Va., tor for the ACLU of Virginia,
With Disabilities Act. U.S. Wednesday, March 23, 2022. said the group sees the
District Court Judge Nor- Associated Press ruling as a victory and is
man Moon granted in part thrilled for its clients.
an injunction sought by the deviate from that state law in as governor in January school systems from impos- Although the ruling is lim-
parents. But he empha- in any schools in Virginia was signing an executive ing mask mandates on stu- ited to the 12 plaintiffs, it
sized that the executive or- (much less school districts) order that sought to make dents beginning March 1. could serve as a “blueprint”
der and state law remain in their children do not at- masks optional in schools. The plaintiffs were repre- for other students with dis-
effect, and said families of tend, or indeed even those Confusion, pushback from sented by the American abilities across Virginia who
any other vulnerable chil- areas of their schools in school districts, and litiga- Civil Liberties Union of Vir- could point to it and ask
dren will have to make their which Plaintiffs’ children do tion quickly followed. In ginia, the Disability Law their school district for ac-
own cases. not frequent,” he wrote. February, the divided Gen- Center of Virginia, the commodations, she said.
“This is not a class action, Youngkin campaigned eral Assembly took action, Washington Lawyers’ Com- Heilman also said she
and the twelve plaintiffs against mask and vaccine with a few Democrats join- mittee and two private law couldn’t rule out the pos-
in this case have no legal mandates, and one of his ing Republicans in passing firms. Moon found that the sibility of a class-action suit
right to ask the Court to first acts after being sworn legislation banning local plaintiffs are likely to suc- down the road.q

Suit filed over threat to ban Native

Americans from hotel

Americans from the prop- that cites “a policy, pat- at a press conference.
erty. tern, or practice of interna- Connie Uhre, one of the
The protesters held a rally tional racial discrimination owners of the Grand Gate-
and prayer meeting in against Native Americans.” way Hotel in Rapid City,
a Rapid City park then The suit seeks class action posted the ban notice on
walked the streets in re- status. Facebook Sunday. That fol-
sponse to a social media Brendan Johnson, a for- lowed a shooting at the ho-
post by a Grand Gateway mer U.S. attorney for South tel early Saturday involving
Hotel owner who said she Dakota and lawyer for the two Native American teen-
would not allow Native plaintiffs, said the “rest of agers, Rapid City police

Hundreds, including Candi Brings, bottom left, march from Americans on the property. the world” needs to know said. Cheyenne River Sioux
Memorial Park to the Andrew W. Bogue Federal building on Demonstrators marched to what’s going on in Rapid Tribe Chairman Harold Fra-
Wednesday, March 23, 2022, in Rapid City, S.D., where it was sounds of drums and car- City. The suit seeks un- zier called the post racist
announced that a federal civil rights lawsuit was filed against the ried tribal flags and signs. named general and puni- and discriminatory and de-
Grand Gateway Hotel for denying services to Native Americans. One banner that read, “We tive damages. manded an apology.
Associated Press will not tolerate racist poli- “We need to be clear. We Messages left at the hotel
RAPID CITY, S.D. (AP) — kota city Wednesday to cies and practices” stood don’t file this complaint to were not immediately re-
Hundreds of demonstrators cheer the filing of a federal as a backdrop for tribal send a message. We file turned. Court documents
gathered outside a federal lawsuit over a hotel own- leaders and others to talk this complaint because we do not list an attorney for
courthouse in a South Da- er’s pledge to ban Native about the civil rights suit want justice,” Johnson said defendants.q