District Judge Norman K. Moon of the Western District of Virginia Wednesday granted preliminary injunctions for 12 families to request mask requirements for their immunocompromised children in school.

The complaint challenged Governor Glenn Youngkin’s executive order that allows parents of students attending Virginia public schools to choose for their children to not be subject to mask mandates. The executive order prohibits public schools from implementing mask mandates. The complaint also alleged that the executive order violates the Americans with Disabilities Act and the Rehabilitation Act of 1973.

The preliminary injunction issued Wednesday does not overrule the executive order. However, the injunction allows the 12 families to ask the schools that their children attend to enforce mask requirements while the case moves through the courts to avoid irreparable harm. The ACLU of Virginia partly represents the families. A trial date has not been set yet.

The schools can decide whether or not to comply with the requests of the 12 families. If the schools comply with the requests, they will not be penalized by the state of Virginia for violating the executive order.

The children of the 12 families have cancer, cystic fibrosis, moderate to severe asthma, Down syndrome, lung conditions, and weakened immune systems. The CDC identifies all these conditions are risk factors for severe illness from COVID-19.