Republican Texas Governor Greg Abbott scored a legal victory Thursday in his attempt to ban mask mandates in public schools.
The Texas Supreme Court has blocked a mandate issued by San Antonio and Bexar County for their schools — a blow to efforts by some cities, counties and school districts to go against Abbott's ban on such measures.
The ruling came in a lawsuit by San Antonio and Bexar County, one of at least nine that have been filed by cities, counties and school districts against Abbott over his ban on mask mandates.
The Texas Supreme Court has blocked a mask mandate issued by San Antonio and Bexar County for their public schools — a blow to efforts by some cities, counties and school districts to go against Republican Gov. Greg Abbott's ban on such measures.
Amid a surge in COVID-19 cases that have overwhelmed many hospitals across the state, at least 10 counties and cities, and 63 school districts or systems in Texas have imposed mask mandates in an attempt to slow the spread of COVID-19.
Abbott has argued that a law known as the Texas Disaster Act gives him broad power in deciding how best to respond to emergency situations, including whether to ban mask mandates during a pandemic.
In an emergency order issued last month, Abbott reaffirmed his ban on mask mandates by any state, county or local government entity. He also issued a ban on vaccine mandates Wednesday.
Amid a surge in COVID-19 cases that have overwhelmed many hospitals across the state, at least 10 counties and cities and 63 school districts or systems in Texas have imposed mask mandates in an attempt to slow the spread of COVID-19
The counties, cities and school districts say Abbott has exceeded his authority. Dallas and Harris counties, two of the state's most populous counties, are among those that have imposed mask mandates.
Last week, a judge granted Bexar County and San Antonio a temporary injunction that put Abbott's ban on hold pending trial in that lawsuit. The Texas Attorney General's Office asked the state high court to stay the injunction.
The Texas Supreme Court had previously stayed temporary restraining orders issued in favor of Bexar County, San Antonio and Dallas County.
The counties, cities and school districts say Abbott has exceeded his authority. Dallas and Harris counties, two of the state's most populous counties, are among those that have imposed mask mandates.
In its order Thursday, the court said oversight of decisions on mask mandates has been up to the governor and 'that status quo' should remain in place while the courts examine the issue.
'This case, and others like it, are not about whether people should wear masks or whether the government should make them do it. Rather, these cases ask courts to determine which government officials have the legal authority to decide what the government's position on such questions will be,' the court said.
The Texas Supreme Court had previously stayed temporary restraining orders issued in favor of Bexar County, San Antonio and Dallas County.
The court has not yet made a final determination on the legal issues surrounding mask mandates.
'The Texas Supreme Court has sided with the law, and the decision to enforce mask mandates lies with the governor's legislatively-granted authority. Mask mandates across our state are illegal,' Texas Attorney General Ken Paxton said in a statement.
'The Texas Supreme Court has sided with the law, and the decision to enforce mask mandates lies with the governor's legislatively-granted authority. Mask mandates across our state are illegal,' Texas Attorney General Ken Paxton said in a statement.
In a statement on Twitter, San Antonio Mayor Ron Nirenberg said, 'We're not going to let an ongoing court battle distract us from the real fight against COVID-19. Get the vax. Wear a mask.'
In a statement on Twitter, San Antonio Mayor Ron Nirenberg said, 'We're not going to let an ongoing court battle distract us from the real fight against COVID-19. Get the vax. Wear a mask.'
Judges handling the lawsuits against Abbott have granted various temporary restraining orders and temporary injunctions that have allowed these mask mandates to continue while the cases go through the courts.
It was not immediately clear how those mandates would be impacted by the high court's Thursday ruling.
The state recorded 13,633 new COVID-19 cases Thursday. While cases remain somewhat high, they're still down from the 21,000-plusa cases recorded Aug. 14, which hit a seven-month high in the state. Over 55,000 Texans have died from the virus.
This comes one day after more than half of Florida public school students were put under mask mandates in defiance of Gov. Ron DeSantis.
DeSantis' Press Secretary Christina Pushaw confirmed that any district found to be in violation of the state law would be subject to having funds withheld in an amount equal to the salaries of the superintendent and school board members. Possible enforcement actions beyond that are still under discussion.
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