Texas schools can require masks
Judge rules ban violates ADA Act
A federal judge ruled Wednesday that a ban imposed by Texas Gov. Greg Abbott, a Republican, on mask mandates in schools violates the Americans With Disabilities Act, a decision that could have national implications as several other states are embroiled in legal battles over face-covering requirements for children.
The ruling from U.S. District Judge Lee Yeakel, the latest development in the closely watched feud, allows local leaders to once again decide whether they want to implement mask mandates in their school districts.
The state says it plans to appeal the ruling.
Disability Rights Texas, an advocacy group, challenged the Republican governor’s ban in August, arguing that it discriminates against students with disabilities — many of whom have health conditions that put them at greater risk for severe illness or death — by forcing them to risk exposure to the coronavirus or stay home from school. Disability advocates have argued that the Americans With Disabilities Act, a federal law enacted in 1990, superseded Abbott’s late-July order.
Yeakel agreed, barring Texas Attorney General Ken Paxton, a Republican, from enforcing Abbott’s order.
“The spread of COVID-19 poses an even greater risk for children with special health needs,” wrote Yeakel, of the Western District of Texas. “Children with certain underlying conditions who contract COVID-19 are more likely to experience severe acute biological effects, and to require admission to a hospital and the hospital’s intensive care unit.”
The judge, appointed by President George W. Bush, noted that more than 210,000 students in Texas have tested positive for COVID-19 between the beginning of the 2021-22 school year and Oct. 31, according to state data. Those most affected have such conditions as Down syndrome, heart or lung ailments, organ transplants and weakened immune systems.
“The evidence presented by Plaintiffs establishes that Plaintiffs are being denied the benefits of inperson learning on an equal basis as their peers without disabilities,” he wrote in the 29-page ruling. The ruling lists Paxton, and the Texas Education Agency and its commissioner, Mike Morath, as defendants in the lawsuit.
Spokespeople for Paxton and the Texas Education Agency did not immediately respond to requests for comment. Paxton’s office tweeted Wednesday night that it planned to pursue an appeal.
“I strongly disagree with Judge Yeakel’s opinion barring my office from giving effect to GA-38, which prohibits mask mandates imposed by … school districts,” Paxton wrote. “My Agency is considering all legal avenues to challenge this decision.”