Federal judge rules Texas schools can now mandate masks
Austin, Texas – A federal judge has blocked a Texas mask mandate ban that was put in place by Governor Greg Abbott.
On Wednesday, US District Judge Lee Yeakel ruled that Abbott's previous executive order banning mask mandates in schools violated the Americans with Disabilities Act (ADA).
This move allows Texas schools to decide what's best for their respective students and faculty in terms of mask use, rather than being barred from imposing mandates altogether by the state.
In a 29-page court ruling, Yeakel wrote, "The spread of Covid-19 poses an even greater risk for children with special health needs."
The judge continued, "Children with certain underlying conditions who contract Covid-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital’s intensive care unit."
The executive order regarding the ban on mask mandates, known as GB-38, was signed into law by Abbott on July 29.
The order stated that, "No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering."
Texas' attorney general reacts to the latest ruling
The ruling by Judge Yeakel comes after months of disputes from parents, school boards, and disability rights organizations in Texas regarding the legality of such a ban, and whether Abbott's executive order violated the ADA.
The federal judge also named Texas Attorney General Ken Paxton in his court ruling, citing Paxton's "threatening" letters he's sent to cities and school districts, such as Round Rock Independent School District (RRISD) in the Austin-metro area, that have, or aspired to, implement mask requirements with civil lawsuits.
According to Judge Yeakel's ruling, the state's attorney general sent a letter to the superintendent of RRISD saying that unless the district retracts its mask policy that would require students and faculty to wear masks, it would, "Face legal action taken by [his] office to enforce the Governor’s order and protect the rule of law."
In the judge's opinion, by disallowing school districts the right to make decisions for themselves is a form of, "Discrimination against individuals with disabilities. Not just from intentional exclusion, but also from segregation; the failure to make modifications to existing practices; relegation to lesser services, programs, activities, benefits, or other opportunities."
In other words, the judge found that disallowing school districts from enforcing mask requirements disregards the safety of those with disabilities who attend such schools, and thus equates to a failure to make necessary modifications and accommodations for all in attendance.
While legal action has yet to be taken by Paxton or Abbott, the Texas attorney general tweeted on Thursday that he "strongly disagrees" with Judge Yeakel's ruling.
"My Agency is considering all legal avenues to challenge this decision," Paxton tweeted.
Cover photo: IMAGO/ZUMA Wire & UPI Photo