On Wednesday An Arkansas judge struck down a state law that prevents schools and other governmental entities from requiring face masks.

Judge Tim Fox already temporarily blocked the law in August. On Wednesday, he ruled the law unconstitutional on multiple grounds, including that it discriminates between children in public and private schools. Private schools were allowed to require masks under the law.

More than 100 public schools and school districts in Arkansas imposed mask mandates following the ruling in August. Many have since eased or lifted their requirements altogether.
Gov. Asa Hutchinson signed the ban into law in April 2021, although he has since said he regretted that decision and has said he agreed with Fox’s ruling against the ban. He faced heavy opposition from fellow Republicans in August when he proposed rolling back the ban.

The governor said on Wednesday that he was pleased with Fox’s decision.
“The ruling that Act 1002 is unconstitutional serves as a restraint against the legislative branch and helps reset the correct balance between the branches of government,” Hutchinson said in a statement on Twitter. “The ruling also makes it clear that local school boards have the authority to protect the health of students during this pandemic.”