U.S. 5th Circuit judges halted an injunction on the mask mandate ban.
By Emily Donaldson and Talia Richman
Gov. Greg Abbott’s ban on school mask mandates is back in effect in Texas after the U.S. 5th Circuit Court of Appeals halted a federal judge’s injunction on the order.
Federal Judge Lee Yeakel decided in November that Abbott’s order banning such mandates in schools violated the rights of students with disabilities, opening a path for districts to put in place face-covering requirements to help mitigate the spread of the coronavirus.
But the 5th Circuit judges halted the injunction in response to an appeal from Attorney General Ken Paxton.
Paxton celebrated the development Wednesday on Twitter, saying the governor’s order is “THE LAW.” Abbott also weighed in, thanking Paxton for the victory and calling it “GREAT NEWS.”
Lawyers with Disability Rights Texas, who filed the first federal lawsuit over Abbott’s ban in mid-August, alleged that the prohibition on mask mandates put students with disabilities at risk and violates protections afforded to them under the law. Among the plaintiffs is a child from Richardson.
Disability Rights Texas argued that school leaders must be allowed to decide if mask mandates are required based on local coronavirus transmission data and student needs. The group represents children, mostly younger than 12, who have medical conditions “which carry an increased risk of serious complications or death in the event that they contract COVID-19.″
In his ruling, Yeakel concluded that the governor’s executive order interfered with schools’ ability to satisfy their obligations under federal disability law.
But in a court filing, the 5th Circuit judges pushed back on the notion that the absence of mask mandates would translate to harm for the students involved in the lawsuit.
“The risks of contracting COVID-19 for these plaintiffs are certainly real, but the alleged injury to plaintiffs from the enforcement of [the governor’s order] is, at this point, much more abstract,” the judges wrote.
They also took issue with Yeakel’s “blanket injunction” that prohibited the enforcement of Abbott’s ban in all of Texas’ public schools, calling the decision overbroad.
Injunctions must be narrowly tailored, they wrote, adding that Yeakel’s could have only addressed seven students involved in the case and their school districts.
An attorney with Disability Rights Texas expressed disappointment with the 5th Circuit’s decision.
“Our suit has always been about allowing students with disabilities at high risk of COVID to attend schools in person as safely as possible,” attorney Dustin Rynders said. “As new COVID variants threaten to make an improving situation worse again, it is imperative schools have the option of requiring masks in the class, campus or district as needed to protect vulnerable students.”
Rynders’ organization looks forward to making their case in the future and are hopeful the decision will be favorable at that time, he said.
An additional briefing and hearing on the matter will go before the 5th Circuit’s panel of judges at a later date.
“With the increasing concerns about the new variant, it’s going to be important for the 5th Circuit to look at this issue on its merits as quickly as possible,” Rynders said.
While many districts imposed mask requirements at the start of the school year, several cut back or eliminated the mandates as the school year advanced. Dallas ISD still requires face masks for students and staff on campuses.
Still, the reversal will have broad implications for Texas’ 5 million school children and more than 1,000 districts, which have been caught in the middle of a highly politicized fight over masks and COVID-19 protections.
National debates over safety protocols in schools — in the face of the omicron variant’s arrival in the United States — will also likely be impacted by the 5th Circuit development.
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