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Arkansas attorney general to appeal judge's decision allowing mask mandates

Arkansas' top legal officer says she will be appealing a judge's decision that allows local schools and governments to enact face mask mandates.

ARKANSAS, USA — Arkansas Attorney General Leslie Rutledge says she will appeal a judge's decision to allow local schools and governments to enact face mask mandates

Last week, Pulaski County Circuit Judge, Tim Fox issued a preliminary injunction against Act 1002, a bill signed into law by Gov. Asa Hutchinson preventing local school boards and municipalities from enforcing mask mandates. Hutchinson has since said it was a mistake to sign the measure into law with the rise of the delta variant of the virus in Arkansas and more and more children getting sick. 

In a statement released Friday, Aug. 13, Rutledge said, “I will appeal the decision of Judge Fox which blocked Act 1002 from going into effect." She continued, "For nearly seven years, I have always exercised my constitutional duty to represent the State of Arkansas and will continue to wholeheartedly defend state laws to protect Arkansans of all ages." 

According to the Associated Press, with the new school year starting Monday, Aug. 16, and COVID cases continuing to surge, most Arkansas public schools and charter schools enacted face mask requirements following Judge Fox's decision. 

“The Attorney General has always done an outstanding job in representing my office and the state of Arkansas, but it is her duty as the attorney for the state to defend Act 1002,” Gov. Hutchinson said. “I have expressed the view that Act 1002 should have been amended and questions need to be raised as to the constitutionality of the law." 

Arkansas reported over 3,000 new COVID-19 cases Friday and an additional 36 deaths. 

Click here for a list of schools in Arkansas that are requiring students to wear face coverings. 

RELATED: COVID-19 numbers skyrocket in Arkansas as students prepare to return to school

RELATED: University of Arkansas board votes to require masks on campuses

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