“It’s not a good day,” the governor said as he opened a news conference with a huge increase in new cases that seems likely to continue to fuel more hospital demand.

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The announcements:

  1. The governor is proclaiming a public health emergency effective today, extending for 60 days, though it will require review by the legislature under the new legislation. He’s asked for federal assistance, which will send a team to help the state cope with the surge in cases, and he wants to institute waivers that would ease hiring health people from other states.
  2. Because children younger than 12 cannot be vaccinated, he said he would call a special session of the legislature next week to amend Act 1002 to allow local school boards to make local health decisions, such as a mask requirement. It would not apply to colleges. City and county governments would also still be restricted. He continued to insist the vaccine is the solution for older children and local governments, but he proposed no measures, beyond lip service, to get more people to get vaccinated. For example, UAMS can’t mandate vaccines for its staff under existing law and he doesn’t propose to change that

‘HEAVY LIFT’: Governor expects legislative opposition. (Brian Chilson photo.)

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The governor said legislative leaders told him it would be a “heavy lift” to get approval on easing the school restriction. Resistance is reportedly greatest in the House. He said he had NOT been told, as some legislators have said, that the legislation couldn’t pass. “I hope they’ll accept it for the health of our children.”

An emergency clause, which requires a two-thirds vote, would be needed for immediate impact if the legislature does approve the measure. Otherwise, it won’t take effect for 90 days. He said he hadn’t acted unilaterally to impose a madate because his legal advice was that he didn’t have the power to do so because of the law prohibiting him from issuing a mask mandate.

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He also said he would NOT impose a mask mandate for the state as a whole or any order other restrictions on business. He wants to talk only about schools. Everyone else can get vaccinated. “We are going to do business in Arkansas. We have to live with the threat of the virus.” Everyone knows what to do, he said. “This is about the children.”

Lawyer Tom Mars, who’s drafted a lawsuit challenging the constitutionality of the law, had been holding off action, hoping for legislative or gubernatorial action. He believes the governor has the power to act unilaterally in a health emergency, though the legislature watered down that executive power with a review requirement.

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Perhaps this announcement opens the door to the filing of the lawsuit. It’s needed given the legislature’s leap over separation of power issues on COVID (and many other issues.) A tweet by Mars immediately after suggests he’s moving forward.

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He told me later: “Unless there’s a definitive public statement coming from the leaders of the legislature saying they will return to the school districts the authority to decide on health and safety measures, we’re going to go get a TRO. Asa’s optimism about them making the “heavy lift” isn’t good enough for us.”

A MESSAGE FOR THE GOVERNOR: Displayed at the governor’s news conference. (Brian Chilson photo)

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There are 398 COVID patients in ICU today and 219 on ventilators.

Q&A

Governor said he wanted to study the decision ordering resumption of federal pandemic unemployment benefits. He said the attorney general would appeal.

He was asked about the new CDC’s recommendation that even the vaccinated wear masks indoors: “People need to look at that and make their decision.” The state may issue changed guidance — “not a mandate” — in light of that.

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He said vaccines were available so there was no need to lift the ban on mandated masks in county jails. The Craighead sheriff disputes the constitutionality of that law and says masks will be worn in his jail.

The governor today noted the increasing impact of serious COVID cases on hospitals.

He also noted a rising percentage of cases among younger people.

If numbers mean anything to Trumpers, it appears vaccinations help.

CRISIS: Even an unprecedented count of COVID cases among children couldn’t budget the Arkansas legislature off its support for laws limiting health responses.

The Democratic Party commented on the day’s developments:

“The governor is in a tough spot and these are some important first steps, that based on the surging COVID case numbers, couldn’t be delayed any longer. It should be a given that protecting our children is one of our state’s most fundamental responsibilities. But members of his own party like Sen. Trent Garner are out there threatening the Governor and those of us who want to protect children in schools, telling news media there will be ‘consequences,'” said DPA Chairman Michael John Gray.

“The consequences of Garner’s ill conceived legislation to prohibit mask rules will far outweigh any hurt feelings he may have from the Governor returning these decisions back to local school boards and parents. We need to trust parents and our local schools to make the best decisions for themselves and their own lives. I hope the Legislature is thinking about all of those school kids under 12 who can’t protect themselves with a vaccine, and I hope they do the right thing to let local decision makers do what’s best for their communities.”

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