Paxton’s win halts Paris ISD’s mask order — for now
Texas Attorney General Ken Paxton won a temporary restraining order stopping Paris ISD in North Texas from enforcing its mask requirement for students; Paris had attempted to use its dress code policy to circumvent Gov. Greg Abbott’s ban on such mandates.
Dennis Eichelbaum, lawyer for Paris ISD, said Paxton’s office — despite the fact Paxton had sent multiple letters threatening lawsuits beforehand — didn’t notify the district of the lawsuit until after the hearing was over and the restraining order had been granted. Paris ISD didn’t get to make its case against the restraining order as a result, Eichelbaum said, describing it as “a cowardly move” from Paxton.
“First, it’s against the rules of civil procedure. So he doesn’t care about the law when it applies to him,” Eichelbaum said. “He’s very brave to go to court when you’re not there to defend yourselves.
“A lot of times attorneys will get sanctioned for it if they do something like this,” he added, saying he will ask the district’s trustees if they want to pursue the matter with the judge.
Paxton blasted out a news release trumpeting his victory this week in court over Paris ISD, describing it “as a win for the rule of law in Texas.” The release doesn’t mention that Paris’ attorneys weren’t present in court.
“The law is clear, and this superintendent knows this, yet he has no issue continuing to waste precious state resources on impossible lawsuits instead of providing for his students,” Paxton said in the release. “This temporary restraining order is just the first step in restoring order to our great state and ending this disruption from rogue local officials.”
Paxton’s office did not immediately respond to a request for comment.
Statewide, implementation of Abbott’s ban on local mask mandates has been patchwork. The federal government is pursuing investigations of several states with bans on mask mandates in schools, but not Texas because of inconsistent enforcement. Paxton has acknowledged in court that it will be left to local district attorneys to enforce the ban, and several prosecutors from the state’s largest counties — such as Bexar and Harris — have said they don’t intend to do so.
Eichelbaum said Paris ISD will go along with the restraining order, although students, staff and visitors will still be encouraged to wear masks. He noted that Paris ISD and Lamar County have the lowest percentage of students who have missed class due to COVID-19 in the state.
Paris ISD got attention last month when it announced it would be modifying its dress code to include masks, a step that Eichelbaum previously said would allow the district to argue for its authority to do so on different legal grounds than other districts. So long as Abbott didn’t suspend the state’s education law, he said, he couldn’t stop Paris ISD from making rules on its own turf.
A spokeswoman for the governor’s office previously disputed that.
“We are all working to protect Texas children and those most vulnerable among us, but violating the governor’s executive orders — and violating parental rights — is not the way to do it. Gov. Abbott has been clear that the time for mask mandates is over; now is the time for personal responsibility,” Renae Eze, spokeswoman for Abbott, said last month in an email. “Under Executive Order GA-38, no governmental entity or school district can require or mandate the wearing of masks. There is no loophole.”