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A ban on instituting mask mandates in Arkansas has been declared unconstitutional.
On Wednesday, Pulaski County Circuit Judge Tim Fox struck down a law banning public schools and local governments from instituting mask mandates. According to local news outlet The Northwest Arkansas Democrat-Gazette, Fox said that the proposal could be read as an attempt to take away the constitutional authorities of county judges by the bill's supporters. He also claimed that it was discriminatory against minors due to the specific targeting of schools in the bill.
When confirming his ruling, Fox took offense to the fact that Attorney General Leslie Rutledge supported the bill despite its alleged unconstitutional nature.
"It is unclear from the Attorney General's brief whether that office is actually arguing that sovereign immunity means there is absolutely no situation in which an action may proceed against the State," said Fox. "If such an argument is being made, it is untenable. For the argument to be valid, specific constitutional provision would have to be interpreted as being superior or 'super-preemptive' to every other provision of the Arkansas Constitution. Under such theory, the General Assembly could violate the separation of powers doctrine at will and there would be no judicial review of such legislation."
Arkansas is far from the only state to have had proposed mask mandate bans be struck down. Arizona's school mask mandate was struck down due to it being funded through the state's proposed budget package, while Tennessee's executive order was previously halted by a federal court due to an alleged violation of the Americans with Disabilities Act. However, it was signed into law two weeks later in November.
It is unclear whether or not authorities plan to challenge Fox's ruling on the mask mandate ban.
More than 100 public charter schools and school districts in Arkansas imposed mask mandates following Fox's ruling in August. Many have since eased or eased their requirements altogether.
Republican Governor Asa Hutchinson signed the ban into law in April, though he has since said he regretted that decision and has said he agreed with Fox's initial ruling against the ban.
Hutchinson faced heavy opposition from fellow Republicans in August when he proposed rolling back the ban.
Fox's ruling comes as COVID-19 cases are again on the upswing in Arkansas. On Tuesday, the state reported more than 2,400 new cases of the virus and an increase of 51 hospitalizations.
The Associated Press contributed to this report.
