The office of Attorney General Leslie Rutledge on Friday filed an appeal to a judge's ruling that the state Legislature's ban on mask mandates is unconstitutional.
Act 1002 of 2021 prohibited state and local governments, including public school districts, from mandating that individuals wear masks during the coronavirus pandemic.
Pulaski County Circuit Judge Tim Fox ruled last month that the act violates the separation of powers clause by attempting to usurp the constitutional authority of county judges and the Arkansas Supreme Court. Fox said the act also violates the equal protection provisions of the Arkansas Constitution because it discriminates between minors in public and private schools.
Rutledge is appealing this ruling and plans to take the case to the Arkansas Supreme Court.
Amanda Priest, spokeswoman for the attorney general, said the office is letting the legal brief speak for itself. Rutledge was in Texas on Friday morning holding a joint press conference with other attorneys general to discuss the situation at the U.S.-Mexico border.
State Sen. Trent Garner, R-El Dorado, a sponsor of the bill that became law, said he was happy to hear about the appeal.
“We need to fight to give power back to the parents on how to protect and raise their children,” he said.
Fox's ruling came after the court heard testimony from 12 witnesses. The attorney general's office failed to call any witnesses or attempt to introduce any exhibits to defend the constitutionality of Act 1002.
Tom Mars, a Rogers attorney who filed the lawsuit on behalf of plaintiffs Veronica McClane and Ashley Simmons, said on Friday afternoon that he was skeptical about the appeal's chance of success.
“I’ve never heard of a successful appeal when the AG had to show that the trial judge was wrong on every one of the 10 grounds on which the statute was deemed to be unconstitutional,” Mars said.
Fox issued a temporary injunction of Act 1002 in August after several parents, two school districts and Pulaski County officials filed a lawsuit challenging the legality of the ban on face-covering mandates passed by the General Assembly in April.
In the wake of the injunction, school districts across the state began implementing mask mandates for students, teachers and staff. Many of those mandates remain in place; others were relaxed last year as the number of covid-19 cases in the state declined.
Public health officials have said that wearing masks helps protect people from the coronavirus and curtails its spread. Parents and school administrators who supported a mask mandate voiced concerns about protecting students who are too young to be eligible for a covid-19 vaccine.
The plaintiffs contended that the legislation was too strict and overreaching. Local entities, especially school districts, should have the flexibility to enforce the mandates, they argued.
After Fox's injunction in August, Rutledge said she would appeal the ruling to the Arkansas Supreme Court to end the temporary ban on enforcing the mask act. The state Supreme Court in October denied the request to remove the injunction ahead of a November hearing.