AG Herring again defends Virginia’s COVID safety measures

Attorney General Mark R. Herring has again successfully defended Virginia’s COVID safety measures against legal challenge, making it at least the 13th decision Attorney General Herring and his team have won in defense of the Commonwealth’s COVID mitigation efforts that were put in place to prevent the spread of the virus and keep Virginians and their families and communities safe and healthy.

“Science has shown us that Virginia’s COVID mitigation efforts are proven effective in preventing further spread of the virus and keeping Virginians safe,” said Attorney General Herring. “As we continue to see a surge of cases around the country, including certain areas of Virginia, we know that we must continue to adhere to these critical safety measures to keep Virginians healthy. I am pleased we were once again able to successfully defend these important COVID mitigation measures, and I am really proud of the hard work my team has done to keep their fellow Virginians safe during these unprecedented times.”

The Plaintiff, in this case, William G. Dillon, Jr., who owns the Abbey Road restaurant in Virginia Beach, filed suit challenging the Governor’s executive orders that were passed to keep Virginians safe and healthy and prevent further spread of the deadly coronavirus. The Plaintiff sought a preliminary injunction that would allow him to have more patrons in his restaurant. Judge David W. Lannetti of the Norfolk Circuit Court denied the request for a preliminary injunction, as well as the plaintiff’s petition for writ of mandamus after finding that “Plaintiffs failed to prove that they will suffer irreparable injury without the requested temporary injunction, that the requested relief is in the public interest, and that the equities tip in their favor.” Additionally, Judge Lannetti acknowledges that the COVID-19 situation is ever-evolving, but he makes the point that “Courts…resolve legal – as opposed to social or political – questions; the other branches of government establish and enforce statutes and policies.”

This is the thirteenth decision Attorney General Herring and his team has won in defense of Virginia’s COVID mitigation measures, including two cases that explicitly challenged Virginia’s mask requirement, in addition to winning court cases to protect the vote during the COVID pandemic.