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Hours after the Austin area’s top health official lifted mask mandates on businesses for fully vaccinated customers under certain conditions, Gov. Greg Abbott is using the threat of fines to squeeze local leaders who continue to impose mask rules.
Many Austin and Travis County business owners on Tuesday learned they no longer need to require masks for fully vaccinated people indoors if fewer than 500 individuals are inside at once, according to a revised mask mandate set in place Tuesday by Mark Escott, the exiting Austin-Travis County health authority.
Partially vaccinated and nonvaccinated residents under the new health authority rules are still required to wear masks and remain at least 3 feet from others while outside and inside in public, according to Escott’s revised mask mandate.
However, Austin Public Health officials said those plans might change in response to Abbott’s executive order that, starting late Friday, local governments or officials in Texas — including counties, cities, school districts and public health authorities — could no longer require the use of masks.
Abbott planned to enforce his new order with a fine of up to $1,000 for government entities or officials who continue to require mask wearing.
Exempt from Abbott’s orders are state-supported living centers, government-owned or operated hospitals, Texas Department of Criminal Justice facilities, Texas Juvenile Justice Department facilities and county and municipal jails.
Escott’s updated rules were set to expire June 15, but by Tuesday afternoon, he was working with Austin attorneys to determine if his revised rules would need to be changed or revoked, according to Matt Lara, an Austin Public Health spokesperson.
“Dr. Escott and the Commissioner’s Court adopted new health authority rules related to face coverings that included exemptions under certain conditions,” Austin Public Health said in a statement Tuesday evening. “These actions occurred before the Governor issued GA-36. As we are reviewing the Governor’s order, we will continue to keep the health and safety of the Austin-Travis County residents as our top priority.”
The loosening of the Austin area’s mask mandate came just days after the U.S. Centers for Disease Control and Prevention released new guidelines stating that fully vaccinated residents no longer need to wear masks or remain socially distant in many public spaces.
However, Austin and Travis County residents up until Tuesday were still required by law to wear masks in most public spaces because of the local mask mandate that required businesses to enforce mask wearing with employees and customers.
Texas Attorney General Ken Paxton challenged Escott’s mask mandate in court, arguing that local health leaders could not make people cover their faces in public because Abbott had updated his orders to say that masks were no longer necessary. However, state District Judge Lora Livingston ruled in favor of Escott’s mandate in late March, saying the local rules could stay in place.
While masking is no longer required for fully vaccinated individuals in many places, CDC guidelines still require masks on buses, trains, planes and at hospitals, nursing homes and several other high-risk areas.
Several large retailers and grocery chains — such as Target, Trader Joe’s, Walmart and Sam’s Club — quickly adopted the relaxed recommendations from the CDC over the weekend and stopped requiring masks for those who are protected from the disease through vaccination.
Before Abbott’s announcement, Escott said Tuesday business owners could decide whether masking will be required for fully vaccinated people, just as some establishments refuse service if customers seek entry without a shirt or shoes.
“If a business decides to, then they can implement a policy and post signs about their policy,” saying masks for fully vaccinated people aren’t required, he said.
Austin and Travis County health leaders Tuesday said owners should base their policies on the nature of their businesses. For example, Escott said businesses who cater to children or those over the age of 65 should probably still require those fully vaccinated to wear masks because those customers are most vulnerable to severe disease.
Escott on Tuesday morning said he supported the decision by Austin school district leaders to still require that students and employees wear masks while indoors for the rest of the school year.
However, Abbott said public schools can only continue to follow current mask-wearing guidelines until June 4. After June 4, according to Abbott’s executive order, no student, teacher, parent, or other staff member or visitor can be required to wear a mask while on campus.
Escott has said mask-wearing in schools is important because many children are still vulnerable to the disease. Only the Pfizer vaccine is approved so far to vaccinate children as young as 12.
While the health authority’s mask mandate is enforced by law, Austin Public Health guidelines are not legal requirements. Some aspects are enforced as part of the county’s health codes, however.
Austin Public Health leaders on Tuesday also modified the agency’s risk-based guidelines to allow for relaxed mask and social distancing rules. The guidelines, which reflect a level of threat to those at risk of experiencing the most severe symptoms of COVID-19, the disease caused by the coronavirus, range from the lowest threat at Stage 1 to the highest threat at Stage 5.
As of Tuesday, officials said Austin and Travis County would now operate under Stage 2 rules, where fully vaccinated individuals no longer need to wear masks indoors or outdoors while gathered in private groups. They can also shop or dine without a mask if the business allows.
Under Austin Public Health’s recently updated guidelines, businesses no longer are asked to operate at limited capacity either.
More:Coronavirus variant that first appeared in India arrives in the US. Here’s what to know.
More:Many Austin businesses will keep requiring masks after CDC eases guidelines
More:Target ends mask requirement for fully vaccinated customers, joining Walmart, Starbucks and more
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