Chap Petersen Is Rescuing Virginia’s Kids

by Kerry Dougherty

State Senator Chap Petersen of Fairfax is a Democrat. I often disagree with his positions. But not when it comes to Covid restrictions. Especially the forced masking of school children.

Former Gov. Ralph Northam was promiscuous in his use of executive orders, which stripped Virginians of many of their basic civil liberties. From the start, Petersen opposed Northam’s over-reach.

In 2020, Petersen — an attorney — filed several lawsuits on behalf of clients who were losing their businesses due to Northam’s capricious mandates.

In the summer of 2021, Petersen joined with Republican Sen. Siobhan Dunnavant, a physician, to force schools in Virginia to return to in-person learning.

Out of that union, SB1303 was born. A Virginia law designed to mandate schools reopen five days a week.

At the urging of teachers’ unions, a vague caveat was added. It asked schools to abide by CDC recommendations as much as was “practicable.”

Northam, always eager to err on the side of mandates no matter how ridiculous, interpreted that to mean forced masking of Virginia school children in public and private schools.

Cloth masks on little faces are unnatural, anti-social and do little to stop the spread of infection.

Heck, even CNN health expert, Dr. Leana Wen, now admits that cloth masks are little more than “facial decorations.” She’s recommending an end to masks for children.

Nevertheless, Virginia’s forced masking meant kids across the commonwealth suffered: unable to see the faces of their teachers or classmates, languishing in speech therapy classes where both the teacher and speech-delayed students were masked up, hampered in their friendships and interpersonal relationships. Worse, youngsters were treated as viral vectors while adults were free to go maskless nearly everywhere.

Newly elected Governor Glenn Youngkin issued an executive order rolling back Northam’s mask mandates and making masks optional in all Virginia schools. That order is under siege in the courts. A change in the Code of Virginia would make the executive order superfluous and moot the legal challenges.

“We needed to solve this ourselves. And we will,” Petersen told The Washington Post. “I don’t like executive orders … We needed to act to end the mask wars.”

On Monday Petersen signaled he’d had enough. He fired off a sizzling letter to the superintendent of Fairfax County schools, warning that legislation was on its way to finally put an end to the school mask nightmare.

On Tuesday, he delivered the goods.

Petersen added a floor amendment to SB739, an open schools bill introduced by Dunnavant. This measure decrees that no child in a Virginia school can be forced to wear a mask on school property.

It sailed through the Senate Tuesday on a 29-9 vote – 10 Democrats and 19 Republicans — with only the most stubborn mask worshippers voting to keep kids muzzled. It should win final approval in the Senate today. From there, it goes to the House of Delegates where the bill is expected to be quickly approved before heading to the governor’s desk for a signature.

The governor can affix an emergency clause to the bill and — if approved by a simple majority in both houses — it will become law immediately. Petersen has indicated that will happen.

He’s been right so far. I don’t doubt him.

If all goes well, masks will be optional in all Virginia schools in about two weeks.

In this period of incessant partisan bickering, Virginians can be thankful for the elected officials of both parties who voted Tuesday to free kids from mask mandates.

Will the Democrats stay strong today? Maybe. But the lockdown lobby is livid and desperately trying to change votes.

It won’t matter. Petersen alone can side with Republicans and force a tie in the Senate that Lieutenant Governor Winsome Sears can break.

Here’s a list of those voting Tuesday for the bill: YEAS–Bell, Chase, Cosgrove, DeSteph, Dunnavant, Edwards, Hackworth, Hanger, Hashmi, Howell, Kiggans, Lewis, McDougle, Morrissey, Newman, Norment, Obenshain, Peake, Petersen, Pillion, Reeves, Ruff, Saslaw, Spruill, Stanley, Stuart, Suetterlein, Surovell, Vogel—29.

NAYS–Barker, Boysko, Ebbin, Favola, Locke, Lucas, Marsden, Mason, McClellan–9.

NOT VOTING–Deeds, McPike–2.

This bipartisan effort is encouraging. The welfare of children should always supersede party politics.

Those of us who have argued for months to end mandates in Virginia owe a huge debt of gratitude to Petersen for having the stones to stand up to Northam and members of his own party to finally bring this measure to the Senate.

Politicians could learn a lesson from the “mask wars”: When you mess with our kids, we’re not Democrats or Republicans, liberals or conservatives anymore. We’re parents and grandparents.

We won’t soon forget who stood with children.

And who didn’t.

This column has been republished with permission from Kerry: Unemployed & Unedited.


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Comments

19 responses to “Chap Petersen Is Rescuing Virginia’s Kids”

  1. James C. Sherlock Avatar
    James C. Sherlock

    Chap Petersen is a good man and a terrific legislator. I have always been sure that wherever he stands, he stands on principle.

  2. The governor can affix an emergency clause to the bill and- – if approved by a simple majority in both houses — it will become law immediately.

    I thought emergency clauses required a 4/5 majority. Am I wrong on that?

    1. Nancy Naive Avatar
      Nancy Naive

      Shhhh, you’ll ruin the eventual disappointment.

    2. Matt Adams Avatar
      Matt Adams

      You’re correct:

      1-214 Effective Dates

      “D. An emergency act shall take effect from its passage, or on a subsequent date if specified in the act, provided that the emergency shall be expressed in the body of the act and that the emergency shall be approved by a four-fifths vote of the members voting in each house of the General Assembly. The name of each member voting and how he voted shall be recorded in the journal.”

      Perhaps the fact that it’s a recorded vote might make the 4/5th’s an easier road to hoe.

  3. killerhertz Avatar
    killerhertz

    I can already sense the angst in Arlington. They’ll be stocking up Zoloft before the truckers blockade their supply.

  4. VaNavVet Avatar

    Kerry is all for bi-partisanship when it goes her way but not so much otherwise. So much for local control of schools and welcome to over-reaching state authority. The CDC director actually stated that local districts should be allowed to make their own decisions as to the timing of the lifting of masking mandates based upon their unique circumstances. Trust Kerry to cherry pick as needed for her purposes. You can bet that the Gov’s so called “emergency” declaration will be challenged in court and the Virginia Supreme Court will most likely be hard pressed to uphold it as an emergency.

    1. Matt Adams Avatar
      Matt Adams

      “You can bet that the Gov’s so called “emergency” declaration will be challenged in court and the Virginia Supreme Court will most likely be hard pressed to uphold it as an emergency.”

      Am Emergency Clause is not an Emergency Declaration. It’s not declaring a state of Emergency, but rather speeding up the timeline for the Bill to be effective. So if this Bill passes and is signed into law, it wouldn’t wait until July to become effective, but rather upon the Governor’s’ signature.

      1. A distinction without a difference as the Court will still have to decide if a real emergency exists to deviate from statue. After over a year of wearing masks what is the emergency requiring two weeks instead of July when in point of fact the local districts would most likely decide to lift their mandates before then anyway. Governors are not allowed to execute emergencies for political expediency.

        1. Matt Adams Avatar

          Not at all, they are two completely separate items. The Court has no role in the Emergency Clause, if the Gov. wishes to attach it to a Bill he can do so, and thus will require 4/5th of each house to approve it.

          “Emergency Clause
          Enactment clause that provides for the bill to become effective upon signing by the Governor or passed by the General Assembly notwithstanding the Governor’s objections.”

          “After over a year of wearing masks what is the emergency requiring two weeks instead of July when in point of fact the local districts would most likely decide to lift their mandates before then anyway. Governors are not allowed to execute emergencies for political expediency.”

          Oh the irony is so thick in that statement, but again you’re conflating to completely separate items.

          Declaration of a State of Emergency (COVID-19) is pursuant upon VA 17.1-330

          Emergency Clause is pursuant upon VA 1-214

    2. tmtfairfax Avatar
      tmtfairfax

      There is some evidence that many of the school divisions challenging Youngkin’s executive order had stated earlier that they had to follow Northam’s executive orders on the same subject, despite the school division’s constitutional autonomy.

      A public body that maintains it has constitutional autonomy cannot pick and choose when it’s bound by a governor’s executive authority depending on whether the school board and superintendent likes or dislikes the executive order. Good arguments can be made that any school division that previously stated it was bound by an executive order on COVID masking but now challenges a different executive order on the same subject has either waived its constitutional autonomy on the subject at hand or is estopped from making its argument. Or both.

      1. One was an EO for a real emergency issued in accordance with the authority provided to the Governor by the GA. This most recent would be for a political emergency. Besides the school districts are following the direction of their county health directors.

        1. Matt Adams Avatar

          “VaNavVet tmtfairfax • an hour ago
          One was an EO for a real emergency issued in accordance with the authority provided to the Governor by the GA. This most recent would be for a political emergency. Besides the school districts are following the direction of their county health directors.”

          This is not an EO, this is an amendment to an existing bill that has to follow the process of the legislature. It has nothing to do with the powers of the Governor to declare a state of emergency. Get a grip and do some research before you spout off.

          1. tmtfairfax was talking about two EO’s on the same subject, one by Northam and the recent one by Youngkin. I was responding with regard to these two EO’s wherein Governor Youngkin would now be in effect deeming his an emergency. It remains a large question as to whether the Supreme Court will even uphold it. The emergency clause may well be moot as 4/5 in both houses is a very steep hill to climb.

          2. Matt Adams Avatar

            “It remains a large question as to whether the Supreme Court will even uphold it. The emergency clause may well be moot as 4/5 in both houses is a very steep hill to climb.”

            Youngkin’s EO’s don’t matter, Chap Petersen introduced an amendment to codify what the EO is stating (by the way the proper way to go about Governing). It doesn’t matter if the emergency clause is enacted, the amendment is slatted to pass, so it either comes into effect now or in July.

          3. I think that all school districts would be okay with July which would be after the end of the school year.

          4. Matt Adams Avatar

            “VaNavVet 2 minutes ago
            I think that all school districts would be okay with July which would be after the end of the school year.”

            That’s your opinion alone and the School Districts outside of NOVA and Richmond might have a different opinion.

          5. You might want to include Hampton which is also suing the Youngkin admin.

          6. Matt Adams Avatar

            Thanks for the pedantic post of the day.

          7. You are most welcome.

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