The ruling comes after several school districts and a handful of counties across the state defied Gov. Greg Abbott's executive order that restricted local entities from instituting mask mandates. On Friday, the 4th Court of Appeals in San Antonio upheld a lower court ruling that permitted Bexar County to require mask-wearing in public schools. Shortly after, the 5th Court of Appeals in Dallas upheld a more far-reaching order from Dallas County Judge Clay Jenkins that required masks in public schools, universities and businesses.
In a petition for a writ of mandamus to the Texas Supreme Court, Texas Attorney General Ken Paxton's office said the Texas Disaster Act of 1975 gives the governor power to act as the "'commander in chief' of the state's response to a disaster. Attorneys representing cities and counties that have sued Abbott over his executive order have argued that his orders should not supersede local orders.
SEE RELATED STORY: Harris County attorney files brief in support of mask mandate cases in Dallas and Bexar counties
Fueled by the highly-contagious delta variant, hospitalizations have increased across the state at a pace quicker than any other point during the pandemic. Less than half of the state's population is fully vaccinated.
Recently, the U.S. Centers for Disease Control and Prevention released guidance recommending universal masking for students and school staff. With children 12 and younger not yet cleared to receive the vaccine, some teachers and parents in Texas have expressed worry that not instituting mask requirements could contribute to spread of the virus as the school year gets under way.
That led some of the largest school districts in the state - Austin ISD, Dallas ISD and Houston ISD - to require masks, despite Abbott's order.
On Friday, a judge granted temporary permission to Harris County and several other Texas school districts to implement masks requirements. A judge in Tarrant County, meanwhile, granted a temporary order preventing Fort Worth ISD from requiring masks after four parents pursued a restraining order against the district, according to the Fort-Worth Star Telegram.
There is no word yet on when the lawsuit involving Harris County will make it to the state Supreme Court, but it could be as early as this week.
"The fight continues in the Harris County case and all other cases," Harris County Attorney Christian Menefee said Sunday in a tweet.
What the TX Supreme Court order means: *the fight continues in the Harris County case and all other cases*— Christian D. Menefee (@CDMenefee) August 15, 2021
(1) Court did not yet rule on whether the law allows the Governor to prohibit local govts/school districts from mandating masks. Court is still considering that issue (1/2) https://t.co/7OO5UJtKQN
(2) Court stayed certain orders in the Dallas/SA cases. Does not apply to the Harris County case.— Christian D. Menefee (@CDMenefee) August 15, 2021
(3) Court is allowing the next set of hearings to proceed in the Dallas/SA cases (and as of now the hearings in the other cases, e.g., Harris County’s, will proceed as well) (2/2)
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