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ARKANSANS FOR HEALTHY EYES v. THURSTON

No. CV-20-175.

2020 Ark. 275

ARKANSANS FOR HEALTHY EYES, A BALLOT QUESTION COMMITTEE; VICKI FARMER, INDIVIDUALLY AND ON BEHALF OF ARKANSANS FOR HEALTHY EYES; MATTHEW E. JONES, O.D.; BELINDA R. STARKEY, O.D.; SHANE LASTER, O.D.; SETH LASTER, O.D.; CREIGHTON A. SIMMONS, O.D.; WILLIAM YOOS, O.D.; JOHN C. WHITLEY; SETH HOLIFIELD; BILLY CURL; AND JOHNNY MORGAN, Appellants, v. JOHN THURSTON, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE; AND SAFE SURGERY ARKANSAS, A BALLOT QUESTION COMMITTEE, Appellees.

Supreme Court of Arkansas.

Opinion Delivered: September 17, 2020.

Attorney(s) appearing for the Case

Kutak Rock LLP, by: Jess Askew III, Frederick H. Davis, and McKenzie L. Raub, for appellants.

Gary L. Sullivan, Managing Attorney, Arkansas Secretary of State's Office, for appellee.

Steel, Wright, Gray, PLLC by: Ryan Owsley, Nate Steel, and Alex T. Gray, for appellee Safe Surgery Arkansas.

The General Assembly passed Act 579 of 2019, which permits optometrists to perform certain surgical procedures. Because the Act lacked an emergency clause, it was set to become law on July 24, 2019. On July 23, 2019, Appellee Safe Surgery Arkansas, a ballot question committee, filed a statewide referendum petition...

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