This article by Howie Fischer does a good job summarizing the legal issues and arguments surrounding the lawsuit filed against the Phoenix Union High School District for requiring that students and staff wear masks in classrooms. Last week the judge in the case declined to issue a temporary restraining order after an attorney for the district told him that there’s no law being violated — at least not yet, if ever.
The article goes into the fact that the law Ducey signed which will stop schools from requiring classroom masks probably doesn’t go into effect until September 29. There’s also a real constitutional question as to whether the ban is even constitutional because it violates the state constitution that all bills be of a “single subject”.
Here’s that article: New school mask mandates can remain in place pending hearing next week. You can also review last week’s blog post Expect Legal Action This Week.
As of this writing, there are 10 school districts that are putting in place policies that will require universal masking in indoor classrooms. Expect more to defy the governor over the coming week as governing boards meet with lawyers and as they hear from parents.
At some point in August, the courts will end up answering the legal questions brought up in this blog post Ducey’s Ban on School Mask Requirements is Unconstitutional and in this analysis by the Network for Public Health Law.
If Ducey loses in court, it could have a cascade effect and call into question the constitutionality of all the Budget Reconciliation Bills, which were loaded down like a Christmas tree- in clear violation of the constitution’s single subject requirement.
