{"id":"MET-PHX-006","kind":"order","level":"court","jurisdiction":"Arizona (Maricopa County Superior Court; statewide effect)","state":"AZ","metro":"PHX","industry":"","agency":"","eco":"","issuer":"Superior Court of Arizona in Maricopa County, Hon. Katherine Cooper","authority":"Ariz. Const. art. IV, pt. 2, s. 13 (title and single-subject requirements); A.R.S. 12-1831 et seq. (declaratory judgment)","instrument":"Arizona School Boards Association, Inc. v. State of Arizona, No. CV2021-012741, Ruling re: Declaratory Judgment","title":"Ruling declaring void sections 12, 21 and 50 of HB 2898, sections 12 and 13 of SB 1824, section 2 of SB 1825 and SB 1819 in its entirety","dateIssued":"2021-09-27","effective":"2021-09-27 (declaratory judgment; provisions never took effect on their Sept. 29, 2021 general effective date)","end":"Affirmed by the Arizona Supreme Court Nov. 2, 2021 (decision order; opinion Jan. 6, 2022)","startDate":"2021-09-27","endDate":"2021-11-02","quarters":["2021Q3"],"types":["OTHER","MASK","VAX","CURF"],"addressees":["the State of Arizona","counties, cities, towns, school districts and charter schools whose orders the bills would have barred"],"clause":"Sections 12, 21, and 50 of HB2898; Sections 12 and 13 of SB1824; Section 2 of SB1825; and SB1819 violate the title and/or subject matter requirements of the Arizona Constitution, Art. IV, pt. 2, s. 13... and are therefore void and unenforceable.... Section 12 prohibits \u0027a county, city, town, school district governing board or charter school governing body\u0027 from \u0027require[ing] the use of face coverings by students or staff\u0027... Section 39 [of SB 1819] prohibits a \u0027county, city or town\u0027 from adopting \u0027any order, rule, ordinance or regulation related to mitigating the COVID-19 pandemic that impacts private businesses, schools, churches or other private entities, including an order, rule, ordinance or regulation that mandates using face coverings, requires closing a business or imposes a curfew.\u0027... The bill is classic logrolling - a medley of special interests cobbled together to force a vote for all or none.","enforcement":"Declaratory judgment; further relief available under A.R.S. 12-1838","functions":["Preemption history: the statutory bar on local mask, closure, curfew and vaccine-proof orders never took effect","SCH school mask mandates preserved","WF"],"notes":"Complaint filed Aug. 12, 2021; preliminary injunction motion Aug. 18, 2021; ruling reported Sept. 27, 2021, two days before the Sept. 29 effective date (AZ Mirror). The minute entry\u0027s clerk stamp reads 09/22/2021 in the OCR layer; the ruling was announced Sept. 27, 2021.","sourceUrl":"https://s3.documentcloud.org/documents/21069770/asba-v-arizona-ruling.pdf","snapshot":"http://web.archive.org/web/20240527064032/https://s3.documentcloud.org/documents/21069770/asba-v-arizona-ruling.pdf","fileExists":true,"fileBytes":6658030,"grade":"primary","character":"","description":"","collection":"MET-PHX","url":"/library/MET-PHX-006","exhibitUrl":"/exhibit/MET-PHX-006","citation":"Superior Court of Arizona in Maricopa County, Hon. Katherine Cooper, Arizona School Boards Association, Inc. v. State of Arizona, No. CV2021-012741, Ruling re: Declaratory Judgment (Sept. 27, 2021) (Ex. MET-PHX-006)","stateName":"Arizona","related":[]}