Texas Governor Greg Abbott’s ban on school mask mandates will stand.
According to a report from Fox News, a federal appeals court has ruled in favor of Greg Abbott’s ban on mask mandates in schools. The 5th U.S. Circuit Court of Appeals ruled 2-1 against an injunction that tried to block the ban.
U.S. District Judge Lee Yeakel of Austin, who issued the injunction, said the ban “violated the Americans with Disabilities Act by denying them the opportunity to participate equally in school.”
From Fox News:
Abbott issued an executive order in July 2021 that prohibited governmental entities — including public school districts — from imposing mask mandates.
Multiple schools failed to adhere to the executive order and imposed mask mandates anyway, prompting lawsuits from Texas Attorney General Ken Paxton’s office.
A group of students also sued the state of Texas over the governor’s executive order, saying it violated the Disabilities Act, the Rehabilitation Act and the American Rescue Plan Act. In ruling against the federal judge’s injunction, the appeals court said students failed to prove the mandatory mask ban “put them at imminent and concrete risk of contracting COVID-19.”
AG Paxton called the ruling “a win for Texas families and the rule of law.”
“The audacity of rogue superintendents across Texas openly violating state law last year was alarming,” Paxton said in a statement. “These are the community leaders that are supposed to be models for our youth to look up to, but instead they became political activists and abandoned their duties as educators.”
Paxton shared news of the win on Twitter:
I just won a major Fifth Circuit lawsuit in defense of @GregAbbott_TX’s Exec Order 38, which bans rogue school districts from imposing pointless and harmful masks on our kids.
Thanks to my efforts, Texas public school kids can start this school year free from masks! https://t.co/RtlEckynZg
— Attorney General Ken Paxton (@KenPaxtonTX) July 26, 2022