A Texas judge has knocked down Gov Abbott’s ban on mask mandates in schools. The Texas judge ruled Gov. Abbott’s bad violated the Americans with Disabilities Act (ADA).
The Hill reports:
U.S. District Judge Lee Yeakel sided with the defendants’ argument that masking would help lower the likelihood of disabled students, who are particularly at risk, catching the coronavirus and facilitate their safe in-person learning.
But because the executive order “precludes mask requirements in schools, Plaintiffs are either forced out of in-person learning altogether or must take on unnecessarily greater health and safety risks than their nondisabled peers,” Yeakel wrote.
“The evidence presented by Plaintiffs establishes that Plaintiffs are being denied the benefits of in-person learning on an equal basis as their peers without disabilities,” thus violating the ADA, he added.
The ruling also barred Texas Attorney General Ken Paxton (R) from carrying out the executive order in any way.
Despite the loss, AG Paxton said he is still working to challenge the judge’s ruling.
I strongly disagree with Judge Yeakel's opinion barring my office from giving effect to GA-38, which prohibits mask mandates imposed by government entities like school districts.
My Agency is considering all legal avenues to challenge this decision.
— Texas Attorney General (@TXAG) November 11, 2021