Federal judge strikes down Texas ban on school mask mandates
A federal judge ruled Wednesday that Texas Gov. Greg Abbott's executive order prohibiting local mask mandates, including in schools, violates the Americans with Disabilities Act.
Since the order was issued in late July, state Attorney General Ken Paxton has filed lawsuits against more than a dozen school districts for issuing mask mandates, according to the ruling from U.S. District Court Judge Lee Yeakel. In August, advocacy group Disability Rights Texas filed the lawsuit against the state on behalf of several students with disabilities who faced an increased risk from COVID-19, alleging it denied them equal access to in-person learning.
"The evidence presented by Plaintiffs establishes that Plaintiffs are being denied the benefits of in-person learning on an equal basis as their peers without disabilities," Yeakel wrote in his ruling.
Yeakel also said the executive order "interferes with local school districts’ ability to satisfy their obligations under the ADA" by placing all authority with the governor.
Yeakel enjoined the state from enforcing the mask mandate ban and ordered that the plaintiffs recover their court costs from the state.
Paxton has said the state is "protecting the rights and freedoms" of residents by banning mask mandates.