Judge Blocks Enforcement of Arkansas Mask Mandate Ban

Rebecca Downs | August 06, 2021 5:00 PM

It looks like Gov. Asa Hutchinson (R-AR) has been vindicated. Earlier this week, the governor shared that "in hindsight, I wish that had not become law" when it comes to banning mask mandates in the state. On Friday, however, a judge issued a preliminary injunction against the ban.

As AP reported:

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.
Fox ruled against the measure on multiple grounds, including the argument that it discriminated between public and private schools.
The law “cannot be enforced in any shape, fashion or form” pending further court action, Fox said.

There is particular attention to how the ban would affect school districts. One of those challenging the mandate ban was the Marion School District, whose 949 staff and students have had to quarantine after 54 students and 11 staff tested positive for the virus.

Gov. Hutchinson had called a special session, where lawmakers this week adjourned without agreeing to lift the mask mandate ban for some districts.

"It is conservative, reasonable and compassionate to allow local school districts to protect those students who are under 12 and not eligible for the COVID-19 vaccine. If we are going to have a successful school year, then the local school districts need to have flexibility to protect those who are at risk."