Orrice oF ree ATTORNEY GENERA.
Later nil ‘Stave oF ARONA
‘anormer Geena,
August 31,2021
Secretary Miguel Cardona
1 yn Ties Jtnson (LB)
Department of Education Bu
400 Maryland Ave, SW
Washington, DC 26202
Dear Seotetary Cardona,
1 write in response to your press release, dated August 30, 2021, announcing thatthe Office for Civil
Rights (OCR) “opened directed investigaions in ive states exploring whether starewide prokiblions on
tniversal indoor masking discriminate against students with disabilities whe are at heightened risk for severe
ies rom COVAD-19 by preventing then rom safely accessing in-person edveaton.”
‘Your statement mentioned that Arizona was not one ofthe five states with open investigations, but that
your department is monitoring ou state and is “prepared to ake action ifstate leaders prevent local schools or
‘strict from implementing universal indoor masking or ifthe current court decisions were tobe reversed.”
As I have stated previously, my offiee will not tolerate any effort from the federal government (0
“undernine or ntrfere with Arizona's sovereignty. We stand ready to defend against any overcach
Your press release follows a recent lwsut From activist groups (ASI ef al ¥. Slate of Arizona)
challenging Arizona laws that deal with mask mandates in schools. Our office looks forward to defending the
late of Arizona in this lawsuit agains blatantly political attempt circumvent the Arizona Constitution and
{he efforts of our duly elected stat legislator to represent their constituents.
‘The past 18 months have given countless Americans «greater appreciation of our Founding Fathers"
and the structure they chose to balance power within our consituional republic. They understood the wisdom of
instituting a horizontal balance of power between the thee branches of government, while also guarding the
vertical balane of power between the federal and state governments Please be assured tha Arizona understands
that, to,
It struc that over many generations, this crucial balance has been tested as the federal government has
{grown beyond is original intent. I has perhaps never been more of an issue than i this fst year ofthe Biden
‘Administration though, where we have seen historie threats and attsckes on posters revered forthe sats, Thi
could soon reader the Ninth and Tenth Amendments iolevan, and tha shoul frighten every American
Mr, Sceretay, please react your teat against the State of Arizona. Our legislators and cours will
censure that our sate Constitution is followed, not your radical agenda Any iningement on our constitutional
rights wil be addressed in federal court.
Respect,
Male —~—
Mark Bimovieh
2005 Norns Cerna Aven, Pen, Anson SODA » Prone 602.942 4266 + Fx 602.542.4085 « unr acna cc