Ark. judge blocks state from enforcing mask mandate ban
LITTLE ROCK, Ark. — An Arkansas judge on Friday temporarily blocked the state from enforcing its ban on mask mandates after lawmakers left the prohibition in place despite a rising number of COVID-19 cases and hospitalizations.
Pulaski County Circuit Judge Tim Fox issued a preliminary injunction against the law that Gov. Asa Hutchinson signed in April banning mask requirements by governmental entities. The ban was being challenged by two lawsuits, including one from an east Arkansas school district where more than 900 staff and students are quarantining because of a coronavirus outbreak.
Judge Fox ruled the law violates Arkansas’ constitution, saying it discriminates between public and private school students. He said it also infringes on the governor’s emergency powers, as well as the authority of county officials and the state Supreme Court.
The law “cannot be enforced in any shape, fashion or form” pending further court action, Judge Fox said.
Judge Fox issued the ruling hours after lawmakers adjourned a special session that Mr. Hutchinson had called to consider rolling back the ban for some schools. Mr. Hutchinson had said the change was needed to protect children under 12 who can’t get vaccinated as the state’s virus cases and hospitalizations skyrocket.
Mr. Hutchinson faced heavy opposition from fellow Republicans, who had been inundated with calls and messages from opponents of masks in schools.
The governor, who has said he regretted signing the ban into law, said he agreed with Judge Fox’s decision but didn’t plan to reimpose the statewide mask mandate he lifted in March. He also criticized lawmakers who opposed taking action, saying many of them had taken a “casual, if not cavalier, attitude” toward the state’s COVID-19 crisis.
Gov. Asa Hutchinson, who has said he regretted signing the ban into law, said he agreed with Judge Fox’s decision but didn’t plan to reimpose the statewide mask mandate he lifted in March.
“What concerns me is many are simply listening to the loudest voices and not standing up with compassion, common sense and serious action,” he told reporters.
Republican Attorney General Leslie Rutledge was talking with the governor and Legislature about the ruling to determine the next steps, her office said. Mr. Hutchinson, who was named as a defendant in the lawsuit along with the state and legislative leaders, left open the possibility of separately asking the state Supreme Court to uphold Judge Fox’s ruling if it’s appealed.
There had been growing calls to lift the ban before school starts statewide later this month. The Marion School District, which joined with Little Rock’s schools in challenging the ban, on Friday said 949 staff and students have had to quarantine since classes began last week because of a coronavirus outbreak. The district said 54 students and 11 staff have tested positive for COVID-19.
Marion Superintendent Glen Fenter warned lawmakers that his district’s experience could be a harbinger of what other schools will face. He said Friday he will consult with attorneys and will begin discussing the possibility of a mandate with the local school board.
“This gives us another opportunity again to potentially protect our students,” he said.