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Judge temporarily blocks mask mandate ban in Arkansas

An Arkansas judge has temporarily blocked the state's mask mandate ban, which didn't allow schools or government officials from enacting mandates.

LITTLE ROCK, Ark. — An Arkansas judge has blocked the state from enforcing its mask mandate ban which doesn't allow state or local officials to enact mandates on face coverings.

Pulaski County Circuit Judge Tim Fox made the ruling Friday in regards to a lawsuit brought against the state by parents. He said the law, Act 1002, violates equal protection amendments between private and public school students.

The ban was being challenged in court by two different lawsuits, one by parents and one by two school districts in the state.

Marion School District Superintendent Dr. Glen Fenter, who was there representing the district, says this will be an issue soon for other districts across the state.

"Unfortunately we see no reason why this problem is not going to be a problem all across the state of Arkansas very quickly," he said. "I think that's going to change a lot of attitudes."

Veronica McClane, who has students in the Little Rock School District and is one of the parents suing, says this is a small step forward – but a step nonetheless.

"I know that masking isn't fun, and I know a lot of people worry about how that might impact the children but I would rather be wrong about masks then them be wrong, and children die," she said.

The Arkansas legislature adjourned earlier in the day without amending the law after rejecting two proposals on Thursday.

Watch Gov. Hutchinson's press conference here:

Governor Asa Hutchinson originally signed the bill in April, but in hindsight wished the ban had not become law and wanted to see it amended. 

His main concern with the law was that it would not allow protection for children 12 and under who can't get vaccinated yet.

During a press conference after the court ruling, Hutchinson voiced his disappointment in some lawmakers for their "casual if not cavalier attitude toward this public health emergency."

He said that the misinformation being spread surrounding the COVID-19 vaccines is both "harmful" and "not fact based."

The governor also said the judge's ruling was well reasoned and supports the temporarily block.

Hutchinson reiterated that there will be no statewide mask mandate.

"Theoretically, I could do a statewide order under my emergency powers, but that wouldn't last too long," he said.

In the last couple months, Arkansas has seen a surge in new COVID-19 cases and hospitalizations because of the delta variant.

We will update this article with more information as it becomes available.

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