The plaintiffs in a lawsuit challenging a mask requirement in the Bentonville School District voluntarily dismissed their lawsuit today.
The parents had earlier lost an attempt to keep the case in state court after the district removed it to federal court. They also were facing a motion for dismissal of the suit for lack of standing.
The district noted that the mask rule applies only to students attending in-person classes. The parents could have students attend remotely, home school or transfer to another district, so they couldn’t claim “imminent” harm in seeking an injunction against the rule. They also failed to demonstrate a constitutional right to defy a rule directly related to public health, the district argued. The district has noted that receipt of federal pandemic relief is conditioned on sound health policies.
The anti-maskers had a loser, it appears. The legislature banned school district mandates. Multiple parties sued and a circuit court held the law unconstitutional. Attorney General Leslie Rutledge, naturally, has said she’ll appeal to try to reinstate a law that puts children and school staff at greater risk. Between defending mass-massacre accessory bump stocks and a law that blocks safety measures for children, it’s been a heckuva day for our “pro-life” attorney general.
The motion to dismiss the case by the attorney, Travis Story, didn’t cite a reason.