Mask mandates return to some Eastern District courts

Beginning June 21, the U.S. District Court for the Eastern District of Virginia will reinstate mask mandates within some of the court’s divisions.

According to a June 17 release from the court, masking will be mandatory in the Alexandria, Norfolk and Richmond divisions on that date. The mandate applies to all individuals in the courthouse, regardless of COVID-19 vaccination status, and requires the wearing of “a well-fitting respirator (N-95, KN-95, etc.) or a surgical/procedure mask that covers their nose and mouth continuously in all indoor public areas.”

Masking is “strongly encouraged” in the Newport News division but will not be required by the court. The order states that “many judges in the Newport News Division are requiring masks during Court proceedings.”

The mandate also extends to the U.S. Bankruptcy Court for the Eastern District of Virginia, which shares court buildings with the U.S. District Court in most of the divisions.

The reinstatement of a mask mandate on a division-specific basis comes more than three months after the U.S. District Court released General Order No. 2022-02, which revised the court’s response to the COVID-19 pandemic. In the order, the court suspended mask and social distancing policies in all four divisions.

When the order was released, all four divisions were in the “Low COVID-19 Community Level” category as outlined by the Centers for Disease Control and Prevention. The metric from the CDC is intended to allow entities and individuals to assess the COVID-19 risk in a specific locale in order to determine what mitigation measures may be necessary to control the spread of COVID-19.

In the March order, the court wrote that court employees and users “should be aware that mask and distancing requirements may be reinstated if local metrics move a Courthouse into the ‘High’ Community Level category of if worsening pandemic conditions otherwise warrant renewed safety precautions.

As of June 20, Richmond is in the “High” community level, while the other three divisions are in the “Medium” community level, according to the CDC.

The updated mask policy details some exceptions to the mandate. Presiding judges are permitted to allow the removal of masks in their courtrooms “to facilitate Court proceedings.” Aside from that, masks are required indoors unless it is medically unsafe for a person to wear one and they obtain permission from the chief judge or senior active judge to be exempt from the mandate.

The courthouse will provide a well-fitting respirator or surgical/procedure mask for those who do not have one. Persons who do not comply with the mask requirement “may be denied entry by security staff

and will be asked to contact the office/chambers to be visited and determine whether alternate arrangements can be made.”

The updated mask policy states that the mask mandate is “temporary,” but does not state a projected end date.