A Lonoke County circuit judge Friday declined to issue a temporary restraining order to stop the 30-day covid-19 mask policy of the Cabot Public School District, noting in her ruling that several of the parents who filed the lawsuit didn't have children enrolled in the district.
In a related matter, Gov. Asa Hutchinson reinforced his position that he is in favor of school districts deciding on their own whether to require masks, despite his being named as a defendant in a lawsuit over a law that barred most state and local government authorities from requiring the face coverings. That law is now on hold temporarily pending an appeal to the Arkansas Supreme Court.
Lonoke County Circuit Judge Barbara Elmore said the parents in the Cabot school case failed to produce evidence or law to establish the restraining order they sought. She said many of the parents' children are either exempt from wearing masks or do not attend the Cabot Public School District.
"The petitioners have failed to establish irreparable harm will result in the absence of a [temporary restraining order]. Petitioners still have a right to educate their children through public schools, or private schools or by homeschooling their children," Elmore stated in her three-page ruling. "Many of the petitioners have chosen an alternate to public schools."
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Eight parents filed the lawsuit Tuesday. The Cabot School District's policy, which went into effect for 30 days starting Aug. 16, requires all staff and students in kindergarten through 12th grade to wear face coverings while at school.
The lawsuit stated the face covering mandate was unenforceable and that the school board didn't have the legal authority to create it.
"Petitioners have the constitutional right to refuse to place face coverings on their children in their absolute discretion, and enforcement of the face coverings mandate as contained in the Cabot Public Schools 30-day Face Coverings ... is unconstitutional and should be permanently enjoined," the lawsuit stated.
Elmore said of the eight parents, three of them no longer had children in the district, meaning they had no standing in this matter. Four of the other parents who have children in the district all had exemptions for wearing masks, meaning they also didn't have any standing in the matter.
Elmore said only one parent had children who were required to wear the mask, but she had not exhausted her remedies through the Cabot Public School District by requesting an exemption.
"Petitioners have failed to produce evidence or law to establish a need for a restraining order," Elmore said in the ruling.
Hutchinson on Friday filed his answer to three complaints in an appeal to Pulaski County Circuit Judge Tim Fox's preliminary injunction blocking the state from enforcing Act 1002 of 2021's ban on mask mandates.
Fox's ruling prompted school districts across the state and some colleges and universities to require that masks be worn in their buildings.
Hutchinson hired David R. Matthews of Matthews, Campbell, Rhoads, McClure & Thompson P.A. to represent him in his official capacity as governor.
Hutchinson said in his answer that he doesn't approve of a statewide mask mandate, but he is in favor of school districts independently exercising that option.
"Finally, although named as a defendant, the Governor supports and agrees with the August 6, 2021 Order which held Act 1002 to be unconstitutional," the court document filed by Matthews stated.