‘Legal tug of war’: Here’s how Austin-area schools continue to push back on Abbott’s masking ban

By Editor On Aug 27, 2021

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Despite the efforts of Governor Greg Abbott, 52 school districts and counties across the state, including several in the Austin area, have defied governor’s order and instituted masking mandates in time for the 2021 school year.

Several counties, including Eane’s Travis County’s ISD, returned their mandates after the Texas Supreme Court on Aug. 15 upheld Abbott’s ban on local mask mandates in the Dallas and Bexar counties “injunction against Abbott’s ban on Thursday, if only from technical reasons.

The Texas Education Agency also retaliated Thursday night, saying they would not enforce Abbott’s ban in any district. Over the weekend, Austin ISD improved its safety protocols even further, announcing it would limit the capacity of football games to 25% for the second year in a row, while the Superintendent of Round Rock ISD said they could adjust their opt-out masking provisions as pediatric cases continue to rise.

The ping-pong game of litigation has confused many parents, residents, and even local officials as to which agency has authority to enforce mask mandates, as the highly contagious Delta variant continues to raise concerns among students, many of whom are not yet advocating qualify for a vaccination.

Here are some ways that schools in the Austin area can meet the mask requirement despite state efforts:

The argument

BREAKING: The Texas Supreme Court has issued a temporary suspension of lower court rulings overriding the state’s ban on mask mandates.

The ban does not prohibit the use of masks. Anyone who wants to wear a mask can do so, including in schools.https: //t.co/QeVipZMPWH

– Greg Abbott (@GregAbbott_TX) August 15, 2021

Governor Greg Abbott lifted his statewide mask mandate in March and banned the enforcement of masks in all Texas cities and school districts. Since then, Abbott and Attorney General Ken Paxton, along with other GOP lawmakers, have upheld a “personal election mantra” when it comes to masking.

Abbott’s executive order is based on the Texas Disaster Act, which gives it the power to decide how to respond to national emergencies. The clause states that Abbott can declare a “state of catastrophe” for a number of natural and man-made events, including an epidemic.

Sec. 418.02 of the Mandate allows Abbott “to make executive orders, proclamations, and regulations, and to amend or repeal them.

As part of this clause, Abbott has both added and revoked its nationwide mask mandate and enforced other security measures, including closing bars and limiting capacity.

But many school districts and cities say the clause doesn’t give Abbott that power.

Cities and circles are pushing back

ALL schools in Travis County should enforce masking.

We’re seeing more COVID cases in schools and among younger people in general.

While many counties have been waiting for the courts to come, our mask mandate is in effect, according to new TEA guidelines and the Texas Supreme Court ruling

– Andy Brown (@TravisCoJudge) August 20, 2021

Seven school districts and cities have filed lawsuits against the ban, and dozens more have chosen to implement their own version of mask enforcement. Travis County and Austin ISD were among the first to take a step and join Dallas and Bexar Counties to fill mandates in their schools.

Dallas struck first with the broadest mandate in the state, calling for masks on Dallas ISD properties and Dallas County businesses, while Bexar maintained public schools and municipal facilities prior to the K-12 era.

Austin soon followed him. On Thursday, August 12, the city ordered the masking of residents over the age of 2 on the city and county grounds, including public schools.

Travis County Judge Andy Brown said the decision would help protect children under the age of 12 who are still unable to be vaccinated, leading to an increase in pediatric cases across the county.

“The ordinance I signed today will save countless lives and protect our community by requiring masks in public schools and county buildings,” Brown said. “Our community is facing the biggest COVID-19 surge since the pandemic began.”

Harris County joined other Texas subways to enforce the ban days later, with a district judge sided with the district’s injunction. Soon 48 other districts across Texas also opposed Abbott’s orders. Paris ISD, a small district in northeast Austin, added masks to its dress code to circumvent the ban.

Local courts, Supreme Court rulings clash

Over 50 TX government agencies have mandated masks in violation of the law. I fight everything. San Antonio ISD has taken the even more egregious and illegal move of requiring vaccines for staff. This is clearly illegal and is in contrast to @GregAbbott_TX GA-38. So I sue again. https://t.co/lE1RgXLFtA

– Attorney General Ken Paxton (@KenPaxtonTX) August 20, 2021

The movements did not go unchallenged, however. On Sunday, August 15, the Texas Supreme Court sided with Abbott and overturned injunctions in Dallas and Bexar counties

However, both districts were not deterred and retained their mandate with a few changes. A hearing by a local San Antonio judge the following day approved the city’s verdict, and Clay Jenkins, a Dallas District judge, was unaffected by the verdict.

“For us this is not a political battle. It’s about people against the virus. And we stand with our local hospitals and school principals to protect human life, ”said Jenkins.

On Thursday night, the Texas Supreme Court changed course by allowing Travis County to maintain its mask mandate, if only for technical reasons: Because Abbott’s appeal skipped a lower court hearing before reaching the Supreme Court, the court was not allowed to Make decision . On the same day, the TEA also stopped enforcing Abbott’s mandate in public schools.

The ruling was a victory for Austin ISD, who joined some schools in South Texas and the Harris County ISD in newfound immunity. But it’s likely only temporary: Attorney General Ken Paxton said the office will continue to sue districts that violate Abbott’s order, and the state will likely try to fined or evade schools that refuse.

“Over 50 Texas government agencies have mandated masks in violation of the law,” Paxton said on Twitter. “I fight everything … this is clearly illegal and unlike Abbott’s GA-38. So I’m suing again.”

Travis County’s counties are responding

Meanwhile in @EanesISD: https: //t.co/c6h5BeBSRG pic.twitter.com/hynDiiw2OZ

– Matt Largey (@mattlargey) August 17, 2021

Several districts in the Austin area have enforced mask mandates while others changed course after receiving a pushback. Here is the latest information on each district:

Austin ISD is still firmly on her masking mandate and is looking for further restrictions to ensure safety after students returned to campus on Tuesday. The district is the largest in the region, offering virtual learning this year alongside the nearby Round Rock, Leander, Pflugerville, and Del Valle districts, and has over 4,000 enrolled, some of which are not even in the district itself, but after a safer option Looking for . The school district will again enforce contact tracing, which means any student who comes into contact with someone infected with COVID must be quarantined for 10 to 14 days. In addition, Austin ISD football games will once again be held at 25% occupancy.

Round Rock ISD implements an opt-in style of masking, but this may be subject to change – the school principal has asked the school board to change their mandate so that students can only leave for health or developmental reasons.

Eanes ISD In a roller coaster ride of events, Eanes ISD forced, reversed, and reinstated masks of Travis County after parent protests and a clash with teachers turned the district into a political battleground. The district reported Friday that while meeting with the teacher, one parent was torn off a mask by one teacher and yelled at another.

Pflugerville, which also has an injunction against Abbott’s ban, introduced a mask mandate in schools and city facilities over the weekend.

Leander ISD- Despite protests from some parents, Leander ISD decided on Wednesday to maintain his mandate as cases in the region continue to increase.

Hays CISD, Hays County’s largest county has no mask requirement, though many are fighting to have this change. Hays County judge Ruben Becerra has upheld an injunction against Abbott’s ban, but the district chief has not yet increased COVID restrictions. A school committee meeting on Tuesday at 5:30 p.m. is likely to get heated while they look for a solution.

Del Valle ISD, Manor ISD, Dripping Springs ISD, San Marcos CISD, and Travis County United ISD have also enforced similar mask requirements.

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