El Dorado School District sued over mask policy

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EL DORADO, AR. (KTVE/KARD) – A group is coming together to file a lawsuit against the El Dorado school district for its mask policy.  

Due to the current active mask mandate in El Dorado, a lawsuit against the El Dorado School District was filed on November 8.  

The petitioner’s attorney, Greg Payne, says the mask mandate violates the constitutional rights of parents.

“What we are looking for is a temporary restraining order on that mandate and eventually a declaration of judgement of what the schools have done Is illegal and it violates the constitutional rights of parents.” Says Payne. 

Payne says the mask mandate is essentially a health measure. He says the mandate was issued without a legal authority, a violation of the fundamental liberty interests as parents in the care. 

“So when the school is taking it upon themselves, and bringing the decision for the parents, the school is an estate actor, they are violating the civil rights of the parents, and they can be sued for doing that monetarily and we are seeking both damages and violation of civil rights for the parents.” Says Payne

On the other hand, the El Dorado School District Superintendent, Jim Tucker, says the steps they have taken this year has helped to minimize the number of cases and it continues to go down. 

“I understand a group of parents are doing what is right.” Says Tucker. 

“ I’m in the same situation and I will do what’s right. And I feel good about what we are doing but if we are told to do something different by a judge or the system, and my legal counsel tells me to do the same, then that will be the direction I will follow.” He says. 

A hearing date hasn’t been confirmed by attorney Payne says it could be within the next few weeks.

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