As Abbott's Mask Mandate Loses In Court, He Signs A New Order

DALLAS, TX — A state judge ruled Wednesday that Gov. Greg Abbott's ban on mask mandates violates the authority of Dallas County Judge Clay Jenkins to stem the rising tide of COVID-19 cases across the state.

An appeal of Judge Tonya Parker's temporary injunction is expected. It would be heard first at the 5th Court of Appeals in Dallas and could end up at the Texas Supreme Court before a resolution of the issue is final.

At the moment, 13,600 Texans are hospitalized with the virus, and the Lone Star State is closing in on its previous peak. Over just the past seven days, the number of reported cases has risen by 954.

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In case you're keeping track, Parker's ruling addresses the issue of whether masks can be required by local officials — and whether the Texas governor can issue a blanket rejection of those mandates. In this case, suit was filed by Dallas County Commissioner J.J. Koch, who sued Jenkins for requiring a mask at the commission's meetings. In response, Jenkins sued Abbott over his his mask-banning executive order.

As this story was unfolding, Abbott issued a new executive order banning mandates on vaccination — regardless of whether the vaccine has been approved by the U.S. Food and Drug Administration. Clearly, the order was meant to include the newly approved Pfizer vaccine, which gained FDA approval earlier this week. The governor had already issued an executive order prohibiting mandates for vaccines that had already been approved by emergency authorization at the end of last year.

For the moment, Parker's injunction means that the governor's intended mask mandate ban cannot be enforced in Dallas County. In turn, that empowers Jenkins to levy penalties for schools, businesses and county-owned venues that fail to comply with his mask requirement.

In Abbott's view, masks should be a personal choice, and while he wears them and recommends them, he believes the choice should remain up to the individual.

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