Judge dismisses WVEA lawsuit regarding color-coded map

CHARLESTON, W.Va. – Kanawha County Circuit Court Judge Carrie Webster dismissed the West Virginia Education Association’s request for an injunction in the color coded map used by state officials.

WVEA president Dale Lee issued the following statement:

“We are disappointed in the outcome of today’s hearing. by choosing to use the lesser of the infection rate or the percentage of positive tests, WVEA and its members believe the governor’s color-coded map changes have created a false picture of COVID spread. That has resulted in both education employees and students being placed in unsafe situations.”

The West Virginia Education Association sued the state, saying the map has been adjusted over and over with the intended outcome of keeping classrooms open and football games on the field.

Two other similar cases have also been dismissed.

The WVEA was seeking greater openness to the process, pushing for meetings between the governor and his health experts to be public. The teachers union also wants to open up discussions of a panel of health experts that makes adjustments to the Saturday map.