{"id":"MET-PHX-005","kind":"order","level":"court","jurisdiction":"Maricopa County, Arizona (Superior Court); Phoenix Union High School District","state":"AZ","metro":"PHX","industry":"","agency":"","eco":"","issuer":"Superior Court of Arizona in Maricopa County, Hon. Randall H. Warner (minute entry); Phoenix Union High School District Governing Board (mask mandate)","authority":"A.R.S. 15-341(A)(1) (district authority); Ariz. Const. art. IV, pt. 1, s. 1 (effective date of laws); A.R.S. 15-342.05 (ban, not yet effective)","instrument":"Hester v. Phoenix Union High School District, No. CV2021-012160, Minute Entry (Ruling on Motion for Temporary Restraining Order)","title":"Douglas Hester v. Phoenix Union High School District, et al.; TRO denied","dateIssued":"2021-08-16","effective":"Phoenix Union mask mandate in force from the start of the 2021-22 school year (Aug. 2, 2021 motion date)","end":"Mandate continued past Sept. 30, 2021 (ban declared void Sept. 27, 2021)","startDate":"2021-08-02","endDate":"2021-09-30","quarters":["2021Q3"],"types":["MASK","SCH","CRT"],"addressees":["students, teachers and staff of Phoenix Union High School District"],"clause":"A.R.S. 15-342.05 was enacted during the COVID-19 pandemic to prohibit school districts from requiring students and teachers to wear masks.... But A.R.S. 15-342.05 has not yet become effective. Under Arizona law, new laws are effective 90 days after the legislative session ends, which is September 29 this year.... A retroactivity clause is not an emergency clause, and cannot be used to avoid the two-thirds vote requirement needed to make a statute immediately effective.... Arizona law gives school boards the authority to protect students and ensure the orderly operation of schools, subject to statutory limitations imposed by the Legislature.","enforcement":"Court ruling; district policy enforced by the district","functions":["WF workforce (parents of students; teachers)","IN in-person instruction under mask conditions","SCH schools"],"notes":"Phoenix Union was the first Arizona district to defy the ban; at least a dozen (AZ Mirror Aug. 16) and some twenty districts and charters (AZ Mirror Aug. 17) had mandates by mid-August 2021; the State conditioned $163 million of Education Plus-Up grants on compliance with the ban (Aug. 17, 2021).","sourceUrl":"https://s3.documentcloud.org/documents/21043675/hester-v-puhsd-ruling-8-16-21.pdf","snapshot":"http://web.archive.org/web/20210816174217/https://s3.documentcloud.org/documents/21043675/hester-v-puhsd-ruling-8-16-21.pdf","fileExists":true,"fileBytes":104326,"grade":"primary","character":"","description":"","collection":"MET-PHX","url":"/library/MET-PHX-005","exhibitUrl":"/exhibit/MET-PHX-005","citation":"Superior Court of Arizona in Maricopa County, Hon. Randall H. Warner (minute entry); Phoenix Union High School District Governing Board (mask mandate), Hester v. Phoenix Union High School District, No. CV2021-012160, Minute Entry (Ruling on Motion for Temporary Restraining Order) (Aug. 16, 2021) (Ex. MET-PHX-005)","stateName":"Arizona","related":[]}