Pulaski County: Pulaski County Joins Lawsuit Challenging Act 1002

Press release from the Pulaski County Government:

August 6, 2021

Pulaski County Judge Barry Hyde and Pulaski County Sheriff Eric Higgins filed a motion to join as plaintiffs, challenging the constitutionality of Act 1002.

Hyde and Higgins requested to join Pulaski County parents Veronica McClane and Ashley Simmons, represented by Rogers attorney Tom Mars. Pulaski County Attorney Adam Fogleman will represent the County Judge and the County Sheriff.

In a preliminary hearing Friday morning, Circuit Court Judge Tim Fox granted a preliminary injunction against the enforcement of Act 1002, meaning the state and local officers may impose a mask mandate within county buildings.

“This is an important step toward correcting an error by the Arkansas General Assembly,” said County Judge Barry Hyde. “Thanks to the court’s decision, I plan to issue an executive order effective Monday reinstituting a face-covering requirement.”

“The safety of jail employees, detainees and visitors is paramount,” said County Sheriff Eric Higgins. “We will continue to follow the CDC guidelines including wearing of masks and the recommendations of the ADH.”

The County Judge and Sheriff, on Thursday, challenged Act 1002 on two bases:  1) Act 1002 would treat local correctional facilities and juvenile detention facilities differently than similar state-run facilities, and 2) Act 1002 would interfere with the County Judge’s constitutional authority and responsibilities.

As stated in the motion: Hyde is the “custodian of county buildings and is responsible for the administration and care of the property in his custody. The Pulaski County Courthouse, Regional Detention Facility and the Pulaski County Juvenile Justice Complex/District Courts are three such county buildings that fall within his custody and care. The county judges of Arkansas have a constitutional obligation to provide reasonably safe environs to county officers and the circuit courts within the resources afforded by the county’s Quorum Court. Sheriff Higgins is the operational custodian of the Pulaski County Regional Detention Facility and responsible for the safekeeping of its detainees.”

Today’s order prevents the enforcement of Act 1002 and ensures that Judge Hyde and Sheriff Higgins have access to a necessary tool to ensure that the people they employ and the public they serve are best protected when delivering and receiving essential county services.

###

This press release was produced by the Pulaski County Government. The views expressed here are the author’s own.