The Little Rock School Board on Wednesday authorized district leaders to sue the state to stop the enforcement of a law that prohibits school systems from mandating face masks to prevent the spread of covid-19.
“I think it is really important for us to do this because we need the same tools to protect our students and our staff that private schools and private businesses in our community already have,” school board member Ali Noland said in making the motion that was seconded by Evelyn Callaway.
Chris Heller, an attorney for the Little Rock School District, told the board that the district’s legal team will file the lawsuit — drafted last week — in Pulaski County Circuit Court on Thursday. Heller added that a decision from a judge could come as soon as Friday.
The district’s lawsuit will be the second this week challenging Act 1002 of 2021, the ban on public agencies requiring face mask mandates. Tom Mars, a Rogers attorney, filed a lawsuit against the act on behalf of two Pulaski County families. That lawsuit has been assigned to Pulaski County Circuit Judge Tim Fox, who has scheduled a hearing for a temporary restraining order for 9:45 a.m. Friday.
Heller said the Little Rock School District suit will also be assigned to Fox and that the district will be able to participate in the Friday hearing.
The board vote was 7-1 with one member, Greg Adams, absent.
Board member Jeff Wood voted against the motion authorizing the case, saying in part that the district’s case was duplicative of the Mars case and that Mars’ lawsuit was sufficient to overturn the act without the Little Rock suit.