The court rules
Sometimes you may need a dashboard to follow the legal horoscope of court proceedings. On Thursday evening, the state’s highest court said it would not allow the Arkansas government to impose a ban on mask warrants. For the moment. It was an injunction prohibiting the execution of a warrant ban.
So what happened? Was the decision pro-mask, anti-mask or French? Let’s see, it’s a triple negative, which wouldn’t allow a non-admissible, and would carry both. . . .
Suffice it to say, your school district may still require masks. Legally. For the moment. And those at the Arkansas Ledge who tried so hard to go to the right of Texas lost again. For the benefit of the rest of us.
To rewind the thing out of legal jargon and in plain English: there is always a pandemic. Some school districts (and other public entities) might want to demand masks while we are still in said pandemic.
The Ledge, in its wisdom, passed a law this summer banning such mask warrants at the local level. And this week, the Arkansas Supreme Court ruled that an injunction, against the Legislature’s plans, could stay in place until they all meet to talk about it in November. So we’ll have to wait for that November hearing before anything is even at a permanent distance.
Some school districts have used the earlier injunction to require staff and students to wear masks in school. Some districts have not. This is how it should be. If there is an epidemic in Prescott, why should students be masked in Piggott? Leave it to the locals.
The sticking point with the vaccine – well, one of the sticking points – is that none of them have been approved for younger people. So even though elementary school kids aren’t likely to get as sick as their grandparents with this covid-19, they can still have it.
And still get sick. And still pass it on to others. And continue to keep the virus strong, giving it a chance to mutate further. I repeat: the pandemic is still relevant today.
Regarding the legal action ….
First, no one believes the law was intended to promote vaccinations. Lawyers will make claims if they feel that some of them could help their clients. Even claims like these.
Second, the state’s legal representatives argued in court that there should be a state-wide “uniform” rule regarding masks. We don’t understand everything we know about this argument. Dress codes vary from school district to school district. Budget priorities change from district to district. School hours change from district to district. Safety procedures change from district to district. The discipline changes from one district to another. Even teachers’ salaries vary from district to district.
But now people are being told they will be confused if the mask policy comes from the local school board? We don’t buy it.
This law could have been harmless political pimping several months ago, a way for lawmakers to prove to people back home that they don’t like masks either. (Isn’t that everyone?) And give lawmakers something to talk about during the stump speech for their re-election efforts.
But the Delta variant has hit the country since then. And this procuring for political ends is no longer trivial.
May schools protect their children. It’s easier to do it from home than from Little Rock.