Parents sue Fayetteville School District over mask mandate

FAYETTEVILLE — Six parents filed a lawsuit Wednesday against the School District to end its mask requirement for students.

The School Board unanimously voted Oct. 28 to amend the district’s mask policy to make masks optional beginning Nov. 15 for students in grades 7-12 and for staff members in those schools and district administrative and support buildings. The policy will be amended Dec. 23 to make masks optional for grades K-6 as well now that vaccines are available to youth ages 5-11.

Jeremy and Melissa Carter, Danna and Ronald Fields and Julia and Louis Page are listed as plaintiffs in the case, according to the lawsuit.

The lawsuit contends the district didn’t have the legal authority to require wearing masks in schools and the decision violates the fundamental liberties of families secured by the U.S. and Arkansas constitutions.

The lawsuit seeks an injunction to prevent the School District from exercising its power to enforce the mandate, said Gregory Payne, an attorney with Story Law Firm, which is representing the plaintiffs.

“All they’re looking for is someone to recognize that health and health care decisions are reserved to the parents,” Payne said, adding the district is illegally taking that authority from parents.

Fayetteville Public Schools, Superintendent John L Colbert and all members of the School Board are listed as defendants in the case, according to the lawsuit.

The district will continue to follow its current mask policy until directed to do otherwise, said Alan Wilbourn, district public information officer, on Thursday.

“Fayetteville Public Schools remains committed to ensuring the safety of students, staff members and our community and believes the current mask policy is in the best interest of all,” Wilbourn said.

Nika Waitsman, board president, on Thursday stood by the board’s decision to amend and maintain the mandate.

“The board unanimously voted to amend the policy after careful consideration of district, community and state health data,” Waitsman said. “As a School Board, it is important that we create and revise policies with every single student and employee in view. I feel we have done a careful and conscientious job of doing just that with this policy and the most recent revisions.”

A judge ruled in favor of the plaintiffs in a similar lawsuit against the Bentonville School District last month.

Benton County Circuit Judge Xollie Duncan granted an injunction in October to prohibit the district from enforcing its mask mandate, which had been in effect since the school year started Aug. 16.

Duncan found the Benton- ville district didn’t have the authority to issue the mask mandate. She noted neither Gov. Asa Hutchinson nor the state health secretary had issued a mask policy for schools. Both have the authority to issue a policy requiring masks, but the authority does not rest with individual school districts, Duncan said.

Bentonville is appealing Duncan’s ruling.

The Fayetteville case has been assigned to Washington County Circuit Judge Doug Martin, according to the docket report.

The Rogers and Springdale school districts both had mask mandates to begin this school year. Springdale ended its mandate in September. Rogers made masks optional for all students starting Oct. 8.