Image by Hatice EROL from Pixabay
With the number of cases of COVID-19 surging here in Texas and the rest of the country and students of all ages heading back to the classroom in the coming weeks, many local governments and independent school districts are scrambling to not only contain the spread of the virus but also balance the rights and liberties of all those affected. On July 29, 2021, Governor Greg Abbott issued Executive Order No. GA-38, which, among other things, prohibited governmental entities, including county authorities and school districts, from requiring or mandating individuals to wear face coverings. Jurisdictions that act in contravention of this executive order or issue orders that conflict with the executive order are subject to a fine of up to $1,000. Despite the language of Executive Order No. GA-38, some local entities have opted to defy the order. In case you’ve missed the news or are having trouble keeping track of recent developments, here’s the latest:
In a letter to Governor Abbott on July 28, 2021, Ron Nirenberg, the Mayor of the City of San Antonio, and Bexar County Judge Nelson W. Wolff requested clarification as to whether Executive Order No. GA-36 prohibited governmental entities from requiring its own employees to mask up, and if so, whether he would consider amending the order to allow such requirement.
Despite the ban on mask mandates, employees of the City of Houston are required to wear masks while working, regardless of vaccination status. This requirement became effective on August 4.
Dallas County Judge Clay Jenkins filed suit in Dallas County against the Governor, seeking a restraining order preventing Governor Abbott from enforcing the ban on mask mandates and a declaratory judgment holding that the section of the executive order relating to face coverings is unenforceable. Following the lead of Dallas County, the City of San Antonio and Bexar County filed a lawsuit against the governor on August 10, seeking a temporary restraining order that would allow officials to issue orders requiring masks in public schools. Citing health concerns, state district judges in Bexar and Dallas counties granted officials temporary authority to require face coverings.
Dallas Independent School District recently announced that students and teachers will be required to wear masks while on campus. Austin ISD also made a similar announcement. Forth Worth, however, has opted to not require masks but strongly recommend that they be worn. Houston ISD is expected to vote and formally issue a mask mandate today.
The Southern Center for Child Advocacy has filed suit, alleging that the executive order “is an overreach of the Governor’s authority” under the Texas Government Code. It also sought a temporary restraining order and permanent injunction preventing the enforcement of the order and declaratory judgment declaring the executive order unconstitutional.
In Harris County, state court judges voted to require masks in courthouses.
On August 10, Harris County Commissioners Court granted Harris County Attorney Christian Menefee the authorization to challenge Executive Order No. GA-38 in court.
Fort Bend County joined the growing list of local entities announcing mask mandates in public schools and county buildings. Additionally, the county judge has filed a lawsuit challenging Governor Abbott’s executive order to which the court responded by issuing the requested temporary restraining order.
In response to the flurry of activity and orders defying the state ban on mask mandates, Governor Abbott and Attorney General Ken Paxton filed a mandamus petition in Fifth Court of Appeals. Citing power granted by the Texas Disaster Act of 1975, the petition seeks to invalidate the orders issued by the Dallas County Judge as a violation of Executive Order No. 38.