Arkansas judge temporarily blocks state law banning mask warrants in schools



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The preliminary injunction was issued by Pulaski County Circuit Judge Tim Fox after the state’s General Assembly held a special session on the matter on Thursday without changing state law.

With the injunction in place, school districts can now enforce mask requirements, while lawsuits continue.

The law “cannot be enforced in any form, mode or form,” Fox said during Friday’s hearing.

“Local school districts should make the call,” Hutchinson said Wednesday. “And they should have more options to make sure their school is a safe environment during a very difficult time for education.”

In a statement to CNN on Friday, the governor said the judge’s decision ended with the outcome he wanted.

“Although the Arkansas General Assembly did not change Law 1002, my goal was achieved by today’s court ruling by Judge Fox which declared Law 1002 unconstitutional,” he said. Hutchinson said. “This decision provides flexibility for school districts to make decisions about how best to protect their students.”

Arkansas GOP Governor Says He Laments Ban on Mask Warrants As Covid-19 Cases Rise
Officials from the Marion School District filed one of the lawsuits. The district has more than 900 students and a dozen staff in quarantine due to positive cases of Covid-19 in the first two weeks of school.

Forty-seven students and eight staff have tested positive for Covid-19 this week alone, prompting an increase in the number of students requiring quarantine. 54 other students and five staff members were able to avoid quarantine because they are vaccinated.

The district had not been able to implement a mask requirement due to the April law. District officials said if a mask warrant was in place, the number of students in quarantine would be significantly lower.

Arkansas children's hospitals report record number of children hospitalized with Covid-19

Marion School District Superintendent Glen Fenter said in a statement to CNN that the district was “satisfied” with the judge’s decision.

“When it comes to students wearing masks, we believe the local councils, which are closest to the situation, are in the best position to determine whether the mask requirements are appropriate,” Fenter said.

The district is now considering how best to move forward, Fenter said.

“We will spend the next few days visiting our lawyers and exploring what will be the best option for students in the Marion School District. We will work with our school board to adopt an appropriate policy.”

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