What’s the status of mask mandates, related lawsuits, after the omicron wave?

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As coronavirus cases dipped to their lowest levels since December, mask mandates have slowly started to lift in almost all states across the country. 

On Feb. 25, the Centers for Disease Control and Prevention released its new guidelines.

“Wear a mask with the best fit, protection, and comfort for you,” the CDC wrote on its website. 

It also set a list of recommendations for specific groups of people who may be at higher risk for severe illness, but what does this mean for school mask mandates nationwide?

Mask Policies In Schools

As of March, almost every state had lifted mandates in schools. 

US Education Secretary Miguel Cardona said the CDC’s updated mask guidance marked “a new phase of the recovery.”

“Ninety-nine percent of schools are safely open for in-person learning and that is a testament to the hard work and partnership of school communities – particularly parents, educators, district leaders and school staff,” he said in a statement on Feb. 25. “With today’s announcement of updated CDC guidance, we can continue to keep schools safely open while allowing for educators and parents to get back to focusing on what is most important: our students’ futures.”

The country’s largest school district, New York City Schools, stopped requiring masks on March 7, but not all states are on board with going maskless yet.  

Hawaii is currently the only state to still require masks. 

According to the Hawaii State Department of Education it also doesn’t currently have a projected end date for school mask requirements, however, outdoor mask mandates in schools ended in March. 

California lifted its mask mandate in early March but is allowing counties, districts and even individual schools to decide if they want to keep the mandate.

Five school districts in California have either decided to keep mask mandates in place until April or are still deciding their next steps, including Los Angeles Unified (LAUSD), the state’s largest school district and the country’s second largest.

“Los Angeles Unified continues to take a science-based approach to COVID-19 policy and is currently working with labor partners and other stakeholders to transition from required indoor masking to a strong recommendation for indoor masking,” LAUSD’s statement said in part on Twitter. 

Prior to the mask mandate being lifted, there were several lawsuits pertaining to the matter, below is a breakdown of where those lawsuits stand now. 

Virginia Mask Mandate Lawsuits

Two lawsuits were filed against Virginia Gov. Glenn Youngkin for his controversial mask-optional executive order. 

In the first lawsuit seven school boards across Virginia sued the governor to block the order. They argued that the state’s constitution gives school boards the authority to implement policies in each district regarding students’ health. 

In February an Arlington judge blocked the executive order stating that it conflicted with a state law that required school boards to follow federal health guidelines. The judge also agreed that the Virginia Constitution gives local school boards the power to make decisions regarding students’ health and safety. As a result the governor’s order was put on hold, allowing mask mandates in the seven districts. 

In the second lawsuit, parents in Chesapeake asked the Virginia Supreme Court to rule that the governor’s executive order violates the state law on COVID mitigation in schools. The Virginia Supreme Court dismissed the lawsuit in February, however the dismissal was based on technical procedural grounds, not on the merit of the case, potentially leaving the door open for future litigation. 

Jefferson City School District’s Lawsuit Against Attorney General Eric Schmitt

The Jefferson City School District filed a motion to dismiss a lawsuit Missouri’s Attorney General, Eric Schmitt, filed in January. 

The lawsuit stated the school district didn’t have the power to impose public health orders for students, adding that it is up to the parents to decide if their children should wear a mask to school. 

The motion the school district filed claims Schmitt lacks standing under Missouri law. 

The case is ongoing. 

What Is The Federal Mask Mandate?

On a federal level the U.S. government requires anyone traveling by train, bus, airplane or any other form of public transportation to wear a mask. President Joe Biden issued the executive order in January 2021. It was supposed to expire on Jan. 18, 2022 but then got extended to March 18 only for it to get extended again during the omicron surge to April 18.

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