FEDERAL JUDGE OVERTURNS GOV. ABBOTT’S BAN ON SCHOOL MASK MANDATES

  

A federal judge has ruled against Governor Greg Abbott’s ban of mask mandates in schools.

On Wednesday, U.S. District Judge Lee Yeakel issued a ruling that Abbott’s executive order in July prohibiting mask mandates violates the Americans with Disabilities Act (ADA).

Yeakel said COVID-19 “poses an even greater risk for children with special health needs,” and that Abbott’s order denies individuals with disabilities “the benefits of public schools’ programs, services, and activities to which they are entitled.”

In addition, Yeakel said school districts cannot comply with the ban on mask requirements and at the same time meet their obligations under the ADA.

Yeakel’s ruling also bars Texas Attorney General Ken Paxton from enforcing the order.

An advocacy group called Disability Rights Texas filed a lawsuit against the state in August, arguing that the order and its subsequent enforcement denied children with underlying conditions equal access to public education.

Paxton’s office tweeted Wednesday night that it would consider “all legal avenues to challenge this decision.”