Attorney files lawsuit against Fayetteville School District to prevent any potential mask mandate

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FAYETTEVILLE, Ark. (KNWA/KFTA) – An attorney files a lawsuit against the Fayetteville School District hoping to strike down any potential mask mandate.

On Monday, a trial began in Pulaski County with a judge deciding whether to strike down Act 1002, which bans mask mandates. This lawsuit against the Fayetteville School District would keep the board from ever implementing a mandate in the meantime.

Attorney Travis Story is known by many for representing parents in the Bentonville mask mandate case, in which a judge ruled the district cannot legally enforce one.

In Fayetteville, the requirement was recently dropped, but if the district reaches more than 30 cases per 10,000 people, the mandate could be reinforced… at least, as of now.

“Part of our issue is the school boards continually play this game of, ‘We’re going to turn it on, we’re going to turn it off. We’re going to adjust it to where kids over a certain age are subject to it or kids under a certain age are subject to it.’ They’re without the authority to do any of it,” Story said.

The district responded to the lawsuit in a statement that says,

“The district is aware of the lawsuit filed today.  Fayetteville Public Schools will continue to follow Policy 1.19 – Wearing of Masks and Face Coverings, which was amended on October 28, until directed otherwise.  The amendments are as follows:

  • Amend the policy as stated below effective November 15, 2021, for grades 7 – 12 students and staff members in those school buildings and in district administrative and support buildings.
  • Amend the policy as stated below for grades k- 6 students and staff members in those buildings beginning December 23, 2021.

Amend the policy to strongly recommend masks or face coverings and remove the mask requirement, as described herein,  as long as the district community stays below 30 cases per 10,000 (as reported by ACHI for “Fayetteville Public Schools”). If the district stays above 30 cases per 10,000 for a consecutive 14-day period, the mask mandate would automatically go back into place until such time that the district stays below 30 cases per 10,000 for a 14-day period. 

Fayetteville Public Schools remains committed to ensuring the safety of students, staff members, and our community and believes the current mask policy is in the best interest of all.”

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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