Court to Hear Clash over Phoenix School District’s Mask Mandate That Defies New State Law

A judge is expected to hear arguments on August 13 in a lawsuit filed by a teacher in the Phoenix Union High School district over its revived mandatory mask policy. Governor Doug Ducey signed SB 1826 in June, the education budget bill, which includes an amendment prohibiting schools from requiring masks. 

Biology teacher Douglas Hester filed the lawsuit against the school district, its governing board and superintendent Chad Gestson, citing the conflict with state law. The school contends that the law isn’t scheduled to go into effect until 90 days after the legislature adjourns, September 28. However, A.R.S. 15-342.05 includes a clause making it retroactive to June 30.

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Arizona Legislature Overrides Ducey’s Veto

Doug Ducey

The Republican-controlled Senate voted 25-5 Thursday to override Governor Doug Ducey’s veto of a bill that made technical corrections to previously enacted laws. Ducey vetoed SB1635 along with 21 other bills a month ago, following through on a threat he’d made in May over the legislature’s failing to send him a budget. It was the first time in 40 years, the Arizona Senate has overruled the governor.

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