The Shadow
COVINGTON, Va. (Virginian Review) — An Alleghany County Circuit Court judge on Tuesday denied a request from a group of parents seeking a temporary injunction to close Covington Middle School, despite ongoing concerns over mold, carbon monoxide, carbon dioxide levels, and student health symptoms.
Judge Stein ruled that the evidence presented during the emergency hearing, while emotionally compelling, did not establish irreparable harm or prove that the school’s current conditions posed an immediate risk to health.
“The School Board has presented overwhelming evidence that there is no carbon monoxide at this point in this building,” Stein said during the ruling. He added that the court “needs to make it very plain, it’s making no ruling or determination with regard to the illnesses that the plaintiffs allege, or the causation of any of those illnesses. That’s for a different day.”
Judge Stein also made it clear that he’s not considering the past conditions, but the condition of the building from today going forward. “Because the injunction is not looking backwards. Injunction is perspective. It’s looking from today forward. So the question is not, what was the condition in January or February or March that couldn’t have caused problems? The question is, where are you today?”
Among the plaintiffs was Talley Spicer, a Clifton Forge mother who has pulled her daughter from the school after observing health issues she says only appear when her child attends classes.
“She has had several headaches, dizziness, she’s been fatigued, and she’s been sleeping a lot. She was on a stomach med for acid reflux, and now she doesn’t have any of those symptoms anymore, because I have not let her go to school since March 31,” Spicer testified. “Those symptoms returned… whenever she was present in the building.”
Spicer acknowledged the judge’s decision but voiced frustration on behalf of other families. “I am disappointed. I will continue to homeschool my daughter, but this isn’t just about my daughter, it’s about our entire community’s kids,” she said. “Some of our parents… have no choice but to send their child to school. So with not closing the school, we’re just leaving out all of these other kids that don’t have any other option.”
Environmental testing conducted by ECS, an industrial hygiene firm retained by the school district, confirmed the presence of elevated carbon dioxide and three moisture intrusion sites within the building, but found no current carbon monoxide levels. “We did not [detect any CO], and I feel very comfortable with the data,” said ECS representative Mr. Chapman. “Any mold findings were extremely low.”
Attorneys for the parents challenged the scope and reliability of the testing. They argued that even with low mold counts and no CO detected during site visits, the children continued to experience symptoms after attending school — a pattern not seen when they remained home.
John Fishwick, attorney for several of the families, called the parents “brave” and said the testimony shared in court was compelling. “They came into court today and testified; they provided a number of affidavits,” Fishwick said. “That took a lot of courage and a lot of gumption… and they’ll continue to fight for the kids, and we’ll continue to be right there with them, fighting.”
Attorneys for the Alleghany Highlands School Board argued that school closure would be an extraordinary remedy with wide-ranging consequences and emphasized the board’s ongoing response.
Rodney Young, counsel for the district, said the judge’s ruling recognized the school board’s efforts. “It was important for the school board to have an opportunity, admittedly in a courtroom setting, to address issues relating to whether or not the school board’s decisions regarding the operation of Covington Middle School are decisions that the school board has the obligation and
responsibility to make, as opposed to having an injunction that would have required them to close the school when based on all the evidence that is before them and that they are relying on from experts and others to suggest that the school need not be closed at this time.”
Despite the court’s ruling, Spicer remained determined. “We still have an uphill legal battle. We will be going to more hearings… and get justice for our kids,” she said. “Just be on the lookout and keep watching, because things are going to happen. We’re going to keep fighting. We’re not giving up.”
