Read the Ruling: Superior Court Ruling Overturning Ducey’s Harmful Anti School Mask Law

Judge Katherine Cooper just ruled that Ducey’s ban on school mask requirements violates Arizona’s constitution because the Budget Reconciliation Bill (HB2898) that contained the harmful ban  violates the Title Requirement of the Constitution- which says that the title of the Bill needs to reflect the contents therein.

Here are direct excerpts from the Ruling:

In Bennett, the Arizona Supreme Court apprised the Legislature that the single subject
and title requirements apply to budget-related bills. And, in Hoffman, the Court specifically
stated the single subject rule applies to every act considered by the Legislature. Despite these
warnings, the Legislature passed four budget reconciliation bills that fail to meet the
constitutional requirements of Section 13. For the reasons stated, the Court finds that the BRBs
violate the title requirement and SB1819 also violates the single subject rule.

IT IS ORDERED finding in favor of Plaintiffs on Counts I and III (declaratory
judgment) of the Complaint; and declaring SB1819; Sections 12, 21, and 50 of HB2898;
Sections 12 and 13 of SB1824; and Section 2 of SB1825 are unconstitutional and, therefore,

Cooper also voided the Budget Reconciliation Bill that covered the community colleges & universities- voiding the harmful micromanagement of higher education when it comes to a student code of conduct relating to COVID  mitigation.

Governor Ducey and Attorney General Brnovich will undoubtedly appeal this ruling to the Arizona Supreme Court. Stay tuned for that action, but for now, schools will continue to be able to require universal classroom masking and community colleges and universities can ignore the harmful micromanagement contained in SB1825.

Western Region Memo – Cooper Decision