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The Texas Supreme Court has defended Governor Greg Abbott as he stared at local officials who violated his mask ban.
On Sunday evening, the All-Republican Supreme Court ruled last week blocked preliminary injunctions issued by two judges in court that allowed Dallas County and San Antonio to issue mask mandates in disregard of Abbott’s order.
On Monday, attorneys for Texas Attorney General Ken Paxton responded by asking the state’s highest civil court to overturn similar injunctions issued on Sunday by a Travis County judge.
The rapidly changing legal terrain has led schools, cities, and counties to clarify mask guidelines as the highly contagious Delta variant has seen a surge in COVID-19 infections and overrun intensive care units in adult and children’s hospitals across Texas Has.
Austin Mayor Steve Adler and Travis County Judge Andy Brown, who last week requested that face covers be worn in public schools and government buildings to deal with rising COVID-19 infections, insisted that the Orders remained in place as Sunday’s trial did not affect their rules.
“While we wait for a final decision, we believe that local rules are the rules,” Adler said on Twitter. “Regardless of what ultimately happens in court, if you are a parent, please keep fighting to ensure that everyone in schools is masked. We stand by you.”
The Austin School District announced late Sunday that masks are still required in all schools and facilities “regardless of the recent Texas Supreme Court ruling,” as it applied to areas outside of Austin and Travis Counties. Schools in Austin begin on Tuesday.
Abbott’s July 29 executive order banned cities, counties, school districts, and health officials from requiring face masks to be worn indoors.
However, amid a mounting health crisis, officials in the state’s larger, more democratic counties began demanding masks in public places, particularly schools where children under the age of 12 cannot have access to the COVID-19 vaccine.
The final injunctions in court came Sunday night when Austin State District Judge Jan Soifer issued four injunctions that allowed mask mandates in every Texas school district – including “every public school in Travis County” – as well as Harris County schools and a group of eight school districts, seven in South Texas and one in the Dallas area.
Soifer said she would give the orders during a hearing on Friday.
By the time the judge issued her orders on Sunday, the Supreme Court had already stepped in to overturn injunctions in Dallas County and San Antonio.
Paxton attorneys on Monday urged the Supreme Court to overturn three similar injunctions on Soifer, omitting the order that applied to Travis County’s schools.
Paxton’s lawyers said they were preparing to file separate appeals against the Soifer rulings, but asked the court to act without waiting, arguing that a delay was not an “inefficient use of the court’s scarce time and resources.” .
However, the Supreme Court declined to merge Travis County’s orders with its previous decision and required Paxton to file a separate lawsuit.
More:Which schools in Austin need masks? Check your child’s district here
“Mask orders are illegal”
Abbott and Paxton are soliciting local mask mandates as illegal under the governor’s emergency powers during a declared disaster. These challenges remain in the Supreme Court and are expected to be resolved later.
“This ruling is intended to serve as a reminder to all (school districts) and local officials that the governor’s order stands,” Paxton said on Twitter. “Local mask requirements are illegal.”
Abbott, who has said Texans – not the government – must be responsible for their own health, also went on Twitter to announce the ruling, adding, “The ban doesn’t prohibit the use of masks. Anyone who wants to wear a mask can do it. also in schools. “
Some of these local mask mandates were based on a statewide injunction issued by Dallas County District Judge Tonya Parker that prohibited Abbott from enforcing his ban on the required masks.
However, the Supreme Court lawsuit on Sunday blocked Parker’s injunction – and it was unclear how school districts will react, especially those where school doors are scheduled to open on short notice early Monday morning.
Next step in the legal process
Sunday’s Supreme Court lawsuit did not stop the next step in the judicial process – the court hearings in San Antonio on Monday – where the judge agreed to issue the injunction requested – and August 24 in Dallas, whether or not to issue injunctions that would allow a mask mandates. The now blocked interim injunctions should make it possible to maintain the masking obligation until the injunction has been dealt with.
More:Is Abbott abusing its civil protection powers in the fight against mask and vaccination requirements?
Dallas County Judge Clay Jenkins, who last week called for masks to be worn in schools and businesses, said the lawsuit was far from over.
“We are not going to stop working with parents, doctors, schools, businesses and others to keep you safe and we intend to win this hearing,” he said on Twitter on Aug. 24. “Unless I receive a different decision, I will amend my order to remove the possibility of fines for non-compliant companies, but otherwise leave the order in effect.”
Harris County Attorney Christian Menefee said Sunday’s Supreme Court lawsuit had no effect on his county and he plans to schedule an injunction on August 25.
Soifer, a Democratic state district judge, scheduled separate injunctions hearings for Travis County schools on August 23 and all Texas school districts on August 25.
Meanwhile, Jose Menéndez, D-San Antonio, said he was starting a legal defense fund to pay fines for schools that defy Abbott’s order by demanding masks. Bexar County Commissioner Justin Rodriguez provided $ 10,000 to help his county’s school districts pay “all frivolous fines.”
State law provides for fines of up to $ 1,000 against any jurisdiction or official who disregards a governor’s order during a declared disaster.
“Consumed by the Flames”
A number of organizations, advocacy groups and school districts filed briefs over the weekend urging the Supreme Court to comply with the mask requirement.
Disability Rights Texas said school officials should be allowed to follow federal health guidelines by requiring masks, and said this would help protect students with disabilities who are at higher risk of hospitalization, serious illness, or death if they become infected with COVID-19.
“The arrangement in question is not just carelessness about a fire; it is an attempt to prevent any fire brigade from fighting the fire as they think best while the citizens are at risk from the flames To be consumed, “Disability Rights Texas told the court.
The Texas Association of School Boards said public school districts are responsible for the health and safety of more than 5 million students who attend school.
“A blanket ban on compulsory masks in public school districts is an interference with local authorities and an obstacle to the school districts’ ability to take local responsibility for the safety of a largely unvaccinated school population,” the organization told the court.
“School districts across the state are only asking for the flexibility to set guidelines for health care policies for students and staff if their communities so request and school principals decide it is best for their students and teachers,” the association added.
The Dallas County Medical Society, which represents 8,400 doctors and students, said public masking can be effective in containing the spread of the coronavirus, especially when all parties are masked.
“Our emergency rooms are quickly becoming overloaded with the increasing number of patients requiring emergency care. Patients who need hospitalization wait hours, even days, to be admitted to a hospital room, ”the company told the court.
The workload also puts a strain on the physical and mental health of doctors and health professionals, the company said, adding, “The current effort is unsustainable.”
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