Motion filed in Arkansas mask mandate case

Published: Feb. 11, 2022 at 3:49 PM CST|Updated: Feb. 11, 2022 at 5:30 PM CST
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LITTLE ROCK, Ark. (KAIT) - A motion has been filed by the Arkansas Attorney General’s office, asking the state’s highest court to review the merits of a court ruling last year on banning mask mandates in schools.

The motion was filed Feb. 10 with the Arkansas Supreme Court on the case, involving Veronica McClane, a Pulaski County parent as well as the Marion School District.

On Dec. 29, Circuit Judge Tim Fox struck down a state law on the issue, saying it discriminated between children in public and private schools.

Fox issued a temporary order blocking the state from enforcing the law passed by the state legislature.

The Associated Press reported in December that nearly 100 charter and public school districts approved mandates after the temporary order but most have either lifted or eased the mandates as COVID-19 numbers fluctuated.

In a four-page filing Feb. 4, Deputy Solicitor General Vincent M. Wagner said he was asking for justices to look at Fox’s decision.

“Because the circuit court has entered a final judgment, which the State of Arkansas recently appealed, this interlocutory appeal is now moot,” Wagner said. “Rather than pursuing a moot appeal in this case, the State will proceed on appeal of the final judgment.”

A decision on whether the justices will take up the case is expected by Feb. 24.

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