Continuing the discussion from The Republican War on Voting Thread:
I believe there are now nine states where a Republican governor and/or legislature has tried to prohibit schools from enforcing mask mandates. To clarify, I am not aware of any state banning the usage of masks in schools. Some states prohibit schools from requiring face coverings, others require schools to respect the parents’ decision to have their child attend in-person without a mask.
- Ariz. Sess. Laws Ch. 404, § 12 (June 30, 2021)
- According to Maricopa County Judge Randall Warner, new state laws become effective 90 days after the end of the legislative session, in this case September 29. Therefore he denied a biology teacher’s request to strike down Phoenix Union High School District’s mask mandate.
- On August 17, Governor Ducey announced $163 million in federal funds will be made available as grants to Arizona schools that “follow all laws” (read: do not have mask mandates).
- On August 18, President Biden issued a memo to Secretary of Education Miguel Cardona to crack down on such shenanigans involving federal money.
- 2021 Ark. Acts 1002 at sec. 1 (April 28, 2021)
- Governor Hutchinson has said (YouTube, August 3) he was not supportive of the law when he signed it.
"Auto-generated transcript (click to show/hide)
“Well I signed it at the time because our cases were at a very low point I knew that it would be overridden by the legislature if I didn’t sign it and I was not supportive of uh I’d already eliminated our statewide mass mandate and so uh you know I signed it for those reasons that our cases are at a low point everything has changed now and yes in hindsight I wish that had not become law but it is the law and the only chance we have is either to amend it or for the courts to say that it has an unconstitutional foundation”
- Pulaski County Circuit Judge Tim Fox issued a preliminary injunction against the law on August 6 (AP).
- Fl. Exec. Order No. 21-175, § 2 (July 30, 2021) [ed. note: not the actual ban]
- August 3 takedown of factual claims cited in the order, from Fl. State Senator Gary Farmer, Jr (D)
Fla. Admin. Code R. 64DER21-12 (1)(d) (August 8, 2021) [ed. note: this is the actual ban]
Excerpt (click to show/hide)
“Students may wear masks or facial coverings as a mitigation measure; however, the school must allow for a parent or legal guardian of the student to opt-out the student from wearing a face covering or mask.”
- Leon County Circuit Judge John Cooper overturned the ban on Friday, August 27. (2021 CA 001382: Robin McCarthy , et al v. Governor Ron DeSantis et al. [ruling not yet published]) (CBS Miami, NPR)
- South Carolina
2021-2022 Appropriation Act, Part 1B Section 1.108 (June 25, 2021)
Excerpt (click to show/hide)
“No school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its education facilities. This prohibition extends to the announcement or enforcement of any such policy.”
- SC Supreme Court set to hear two cases about this provision tomorrow. (P&C)
- 2021-2022 Appropriation Act, Part 1B Section 1.108 (June 25, 2021)
- Tex. Exec. Order No. GA-36, § 1-2 (May 18, 2021)
- Tex. Exec. Order No. GA-38, § 3(b) (July 29, 2021)
- A very confusing line of litigation. First State District Judge Catherine Mauzy of Travis County temporarily restrains the state from enforcing the ban on school mask mandates. The Texas Supreme Court declines to overturn that restraining order. But then the same Texas Supreme Court blocks mask mandates in San Antonio and Bexar Counties. (NBC). Governor Abbott says he has the power to enforce the ban, but in court filings A.G. Paxton claims it is up to local (often Democratic) DAs, who won’t enforce it. (Star Tribune)
- Chapter ?, Laws of Utah 2021, First Special Session § 1-3 (May 28, 2021) [ed. note: Utah state session laws are behind a paywall of sorts, requiring a public library card. The enrolled bill, which should be identical, was HB1007. Or see the codified statute, Title 53G, Chapter 9, Part 2, sec. 210(5)]