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Saturday, May 18, 2024

Arkansas school districts go to court to fight for face masks

Legislation
Hutchinson

Gov. Asa Hutchinson | Facebook

LITTLE ROCK, Ark. (Legal Newsline) -- Two school districts are suing the State or Arkansas for legislation that prevents them from requiring face coverings in school. 

Little Rock School District and Marion School District filed a complaint on Aug. 5 in the Circuit Court of Pulaski County against Gov. Asa Hutchinson and the State of Arkansas.

According to the complaint, the case is to question whether there exists a rational basis for exposing public school students in Little Rock and Marion and throughout Arkansas to the very real threat of serious illness and death as the COVID-19 pandemic worsens. 

The strong consensus of medical and public health experts is that requiring the wearing of masks in schools will significantly reduce the risk of contracting that highly contagious and virulent disease, the suit says. 

According to the complaint, Act 1002 of 2021 prohibits certain governmental entities, including school districts, from requiring the mandatory use of face masks without regard to the risk that students, teachers and staff will be exposed to a highly contagious and virulent disease. Little Rock School District and Marion School District believe the Act should be repealed and schools be allowed to mandate masks as COVID-19 numbers in the state continue to increase. 

Little Rock School District and Marion School District are represented by Christopher Heller and Cody Kees. 

Circuit Court of Pulaski County case number 60CV-21-4763

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