Arkansas Supreme Court reverses ruling that struck state law banning mask mandates

KUAR | By Hunter Field / Arkansas Advocate

The Arkansas Supreme Court on Thursday overturned a lower court’s decision to strike down Arkansas’ prohibition on government mask mandates.

Thursday’s order tossed Pulaski County Circuit Judge Tim Fox’s 2021 ruling on procedural grounds, and it did not contemplate the merits of the arguments in the case.

Fox’s ruling had struck down Act 1002 of 2021, which prohibited government entities, such as cities and school districts, from requiring individuals to wear face coverings during the COVID-19 pandemic.

https://www.ualrpublicradio.org/local-regional-news/2023-01-27/arkansas-supreme-court-reverses-ruling-that-struck-state-law-banning-mask-mandates

Sanders Reverses Official Position of the Governor on the Constitutionality of Arkansas’ Ban on Mask Mandates by Public Entities

LITTLE ROCK, Ark.—Governor Sarah Huckabee Sanders announced that she is reversing the official position of the governor on the constitutionality of Arkansas’ ban on mask mandates by public entities. 
 
“Yesterday, I reversed the official position of the governor on the constitutionality of Arkansas’ ban on mask mandates by public entities,” Sanders said. “I have asked the Attorney General to resume representing the office in this capacity. I promised that when I was elected, Arkansas would not have mask or COVID-19 vaccine mandates and we would not shut down churches and schools because we believe in personal freedom and responsibility. Arkansans need to talk with their medical professionals, with their doctors, and make the decisions that are best for their family and their kids. I promised in my inaugural address that here in Arkansas government would never loom larger than liberty in our lives. I stand for freedom and it’s time to get back to normal.”
 
“Governor Sanders expressed her belief in the constitutionality of Arkansas’ ban on government mask mandates,” Attorney General Tim Griffin said. “The Governor requested that my office represent her in this case. We look forward to the Arkansas Supreme Court’s decision in the coming weeks.”
 
“I have been advised that Governor Sanders has reversed the executive branch’s position on the constitutionality of Arkansas’s ban on mask mandates by public entities,” Speaker Matthew Shepherd said. “I welcome this development and believe it is consistent with the proper Constitutional authority of the legislative branch, which as Speaker of the House I have always sought to preserve.”
 
“I fully support Governor Sanders reversing the previous position of the Governor’s office regarding the constitutionality of the Arkansas’ ban on mask mandates by public entities,” Senate President Pro Tempore Bart Hester said. “The General Assembly adopted, and the previous Governor rightly signed, this legislation into law to safeguard our citizens from overreach and heavy-handed mask mandates. Protecting Arkansans and defending their freedoms is a top priority that we share with Governor Sanders. It is time that Arkansas gets back to normal.” 

Arkansas Gov. Sarah Huckabee Sanders reverses predecessor’s position on mask mandates

KUAR | By Tess Vrbin / Arkansas Advocate

The Arkansas governor’s office asserts that it is unconstitutional for public entities to require people to wear masks as a COVID-19 prevention measure, Gov. Sarah Huckabee Sanders announced Wednesday, just over a week after taking office.

Sanders’ predecessor, fellow Republican Gov. Asa Hutchinson, signed a 2021 law prohibiting state and local governments, including public school districts, from implementing mask mandates.

Hutchinson later said he regretted signing the law, Act 1002, and instead said local government entities should decide for themselves whether to require masks.

https://www.ualrpublicradio.org/local-regional-news/2023-01-19/arkansas-gov-sarah-huckabee-sanders-reverses-predecessors-position-on-mask-mandates

Michael Hibblen/KUAR

Arkansas GOP primary candidate for governor, Sarah Huckabee Sanders, speaks to a crowd of supporters on Sept. 6, 2021, in Benton, Ark., her first campaign appearance after announcing her candidacy.

Research about Mask Mandates in Arkansas Schools Published in CDC’s Morbidity and Mortality Weekly Report

By UAMS News Staff

The Centers for Disease Control and Prevention’s latest Morbidity and Mortality Weekly Report (MMWR) contains research on mask mandates in Arkansas school districts and how the mandates helped to limit COVID-19 at the schools.

Researchers from the University of Arkansas for Medical Sciences’ (UAMS) Fay W. Boozman College of Public Health and College of Medicine teamed up with the Arkansas Department of Health (ADH), Arkansas Center for Health Improvement (ACHI) and the Centers for Disease Control and Prevention (CDC) on the project.

“This important and well-conducted study involving Arkansas schools amply demonstrates the efficacy of facemasks during viral surges,” said Mark Williams, Ph.D., dean of the UAMS College of Public Health.

https://news.uams.edu/2022/03/09/research-about-mask-mandates-in-arkansas-schools-published-in-cdcs-morbidity-and-mortality-weekly-report/

Research published in this week's Morbidity and Mortality Weekly Report finds that face masks were effective in preventing the spread of COVID-19 in Arkansas K-12 schools.

House Committee Members Fail To Pass Two Bills Amending State's Mask Mandate Ban

By SARAH KELLOGG

An Arkansas House committee failed to advance two bills that would have amended the state’s current ban on mask mandates, likely ending the chance of passing before the end of the special session. By a series of voice votes Thursday, members of the House Public Health, Welfare and Labor did not pass either House Bill 1003 or House Bill 1004. Both would have given school boards the authority to require the wearing of masks.

House Bill 1004, which the committee considered after over two hours of public testimony, would give public school boards or the governing body of an open-enrollment charter school a broader ability to mandate the wearing of masks, face shield or other coverings to "reduce the spread of infectious, contagious and communicable diseases."

https://www.ualrpublicradio.org/post/house-committee-members-fail-pass-two-bills-amending-states-mask-mandate-ban

Rep. Tippi McCullough (far left) presents House Bill 1004 to the House Public Health, Welfare and Labor committee

CREDIT ARKANSAS HOUSE

Bill That Amends Arkansas Mask Mandate Ban Stalls In House Committee

By SARAH KELLOGG

A bill that would allow Arkansas school districts to implement mask mandates if they meet a COVID-19 case threshold is being reworked to address the concerns of some lawmakers. Members of the House Public Health, Welfare and Labor Committee spent just under three hours Wednesday discussing and listening to public comments on the proposed legislation.

According to the bill, a school district must have a 14-day COVID-19 infection rate of at least 50 new infections per 10,000 residents based on data published by either the Arkansas Department of Health or the Arkansas Center for Health improvement.

Rep. Julie Mayberry, R-Hensley, is the bill’s sponsor and said she was open to whatever suggestions lawmakers had if it helped pass the legislation.

https://www.ualrpublicradio.org/post/bill-amends-arkansas-mask-mandate-ban-stalls-house-committee

Rep. Julie Mayberry, R-Hensley, presents House Bill 1003 to the House Public Health, Welfare and Labor Committee on the first day of the special legislative session.

CREDIT ARKANSAS HOUSE

Little Rock School Superintendent Suggests Lawsuit Over Mask Mandate Ban

By ALEXANDRIA BROWN

Little Rock School Board members are being asked to consider filing a lawsuit against the state regarding a ban on mask mandates. Superintendent Michael Poore made the request in a video released Friday. He said Act 1002, which took effect Wednesday, is unconstitutional. It prohibits state and local government entities, including schools, from enforcing mask mandates.

While Gov. Asa Hutchinson has called for a special session of the Arkansas General Assembly to consider modifying or lifting the ban, Poore said he isn't confident lawmakers will make the right decision.

“My hope is that the state legislature will take the appropriate action to repeal 1002 and allow school districts to formulate their own policy related to masks," Poore said. "I’m not confident that that will occur. This lawsuit allows us a place in order to take this situation to the judicial branch to act on 1002.”

https://www.ualrpublicradio.org/post/little-rock-school-superintendent-suggests-lawsuit-over-mask-mandate-ban

Michael Poore, superintendent for the Little Rock School District, announced in a video released Friday he will ask board members to consider filing a lawsuit against the state for banning mask mandates.

CREDIT LITTLE ROCK SCHOOL DISTRICT / YOUTUBE

Arkansas Governor Says Reconsideration Of Mask Ban In Schools Would Have To Come From Legislature

By CHRISTINE JONES

Gov. Asa Hutchinson says it will be up to the Arkansas General Assembly to decide whether to repeal a facemask ban in schools. It comes as parents are fearing for the safety of their children with the new academic year starting in a few weeks.

In response to the growing number of COVID-19 cases, one mother began a petition campaign on social media. “Tell the Republicans to Allow Schools to Protect Kids by Mandating Masks” was started last Tuesday and has already garnered more than 1,400 signatures.

https://www.ualrpublicradio.org/post/arkansas-governor-says-reconsideration-mask-ban-schools-would-have-come-legislature