Oklahoma County Judge Natalie Mai has granted a temporary injunction against Senate Bill 658, which prevents public schools from forcing all students, teachers and staff to wear a mask on school property to combat the Chinese coronavirus pandemic.

Mai stated in her ruling that if SB 658 pertained to private and public schools equally, then “the hearing would’ve been two minutes long and the law would stand.” Instead, Mai granted the injunction and said that schools must allow opt-out exemptions until a higher court takes action or a permanent injunction is granted.

Rep. Sean Roberts, R-Hominy, said the intent of the Legislature was to create an opt-in masking policy for public schools. The bill was overwhelmingly passed this last session and signed into law.

“Judge Mai’s temporary injunction clearly violates the legislative intent and showcases her incompetence to act as a county district judge,” Roberts said. “In the upcoming session, I will be looking at what avenues the Legislature can take in order to remove county district judges or give us the ability to file impeachment charges against these judges. It has been needed for quite some time now.”

Roberts cited O.S. Title 21 Section 1280.1, which allows firearms and weapons on school property in certain cases. In particular he quoted paragraph C, subsection 4, which states:

‘A concealed or unconcealed weapon carried onto private school property or in any school bus or vehicle used by any private school for transportation of students or teachers by a person who is licensed pursuant to the Oklahoma Self-Defense Act, provided a policy has been adopted by the governing entity of the private school that authorizes the possession of a weapon on private school property or in any school bus or vehicle used by a private school.’

“If the state has the legal authority to allow private schools to determine their firearms policies, but not public schools, then the Legislature also has the authority to tell public schools that they cannot implement blanket mask policies. This is just another example of judicial overreach and legislating from the bench.”

Sen. Rob Standridge, R-Norman, is reviewing the judges ruling. The law emphasizes parental rights.

“While I am still reviewing what the judge had to say, I am encouraged by her statements that respect the legislature’s intent to entrust parents whether to mask or not to mask their child,” Standridge said. “Ultimately, we must uphold the right of Oklahoma parents to decide what is best for their own children.”

House Minority Leader Emily Virgin, D-Norman, applauded the ruling and supports mandatory mask mandates.

“As districts across the state are showing, local school boards are better equipped to protect students than Governor Stitt and the Oklahoma Legislature,” Virgin said.