Top state court rules against S.A. mask mandate — for now
The Texas Supreme Court has temporarily blocked San Antonio and Bexar County’s mask mandate, marking the latest update in a flurry of court battles over mask requirements statewide.
The decision comes after an appellate court this month allowed the local mask mandate to stand, despite Gov. Greg Abbott’s executive order barring public entities from instituting such requirements. The new ruling is a win for the governor and Attorney General Ken Paxton, who had asked the high court this week to step in and stop local officials.
“The Texas Supreme Court has sided with the law, and the decision to enforce mask mandates lies with the governor’s legislatively granted authority,” Paxton said in a release. “Mask mandates across our state are illegal, and judges must abide by the law. Further noncompliance will result in more lawsuits.”
After suing Abbott, the county and city governments had issued their mandates this month, requiring face coverings in local government buildings, and had applauded the Metropolitan Health District for ordering school districts to do the same. City and county officials have cited the recent surge of positive COVID-19 tests and hospitalizations in advocating for the requirement.
The Supreme Court’s ruling came as San Antonio-area hospitals, as of Thursday, were treating 1,365 Covid-19-positive patients, which is more than triple what it was one month ago. That number includes 29 children.
During a televised COVID-19 briefing by city and county officials, Mayor Ron Nirenberg and
County Judge Nelson Wolff indicated that they weren’t surprised by the court’s action. Wolff said he remains encouraged that some school districts continue to require masks.
“School districts are doing the right thing, and the mayor and I support them 100 percent. We are here principally to save our children, and it’s so distressing to see the governor of this state doing everything he can to stop us,” Wolff said.
City Attorney Andy Segovia, who was also at the briefing, said the city was still evaluating what it would tell its employees in light of the Supreme Court’s order.
The high court noted that its order does not consider whether people should wear masks or whether government officials should compel them to do so. Rather, the justices said, the case concerns which levels of government can make those decisions.
“The status quo, for many months, has been gubernatorial oversight of such decisions at both the state and local levels,” the justices wrote. “That status quo should remain in place while the court of appeals, and potentially this court, examine the parties’ merits arguments to determine whether plaintiffs have demonstrated a probable right to the relief sought.”
The court has yet to make a final decision on the lawsuit, which could take weeks or months. Several similar lawsuits, including two in Dallas and Houston, are also currently being litigated.
It’s not yet clear how Thursday’s ruling affects an Aug. 19 decision by the court to temporarily allow mask mandates in school districts across Texas, a policy that Abbott has also banned.
Local officials have urged school districts to require masks but have said they would not enforce Metro Health’s directive. A majority of public school districts in Bexar County have adopted mask mandates, sometimes after contentious public debate, and some indicated uncertainty in the immediate aftermath of Thursday’s ruling over how it would affect them.
Northside Independent School District officials consulted with the district’s lawyers and will keep its mask mandate unchanged. It posted a notice on its website that said the district has “an ethical obligation to our students and staff to keep them safe.”
“We also believe that the universal use of face coverings prevents illness and quarantine that takes students and staff away from in-person instruction,” the statement said.
Northside’s board this week voted to join the city and county in their lawsuit against Abbott in order to “use every tool we can to continue to keep students, teachers and staff safe during the pandemic,” the district’s superintendent, Brian Woods, said in a prepared statement emailed by a district spokesman.
“Joining this lawsuit is another step towards regaining local control to allow our elected school board to make decisions that are best for our district,” Woods said.
San Antonio ISD Superintendent Pedro Martinez sent a letter to parents saying the district still requires masks as a key step toward keeping schools open.
“Please know, this is not about politics. This is a matter of public health and safety,” he wrote. “Our attorneys can protect the district legally. Our focus will remain on protecting the health of those in our care and the stability of student learning.”
Bexar County District Attorney Joe Gonzales said he was “personally disappointed” in Thursday’s decision.
In a later statement, Gonzales said he would not prosecute any school district official for requiring masks in schools “at this time” because the latest guidance by the Texas Education Agency on Aug. 19 had noted that the governor’s ban on mask mandates was “not being enforced as the result of ongoing litigation.”
“I understand that this litigation has been confusing for public officials, administrators and, most importantly, the public,” Gonzales said. “Rest assured that we are working tirelessly to protect those who cannot protect themselves. I continue to urge those who are eligible for a COVID vaccine and/or a booster to get vaccinated and to continue to wear a mask to prevent the spread of this virus.”