An appeals court has upheld a lower court's ruling that would allow Dallas County Judge Clay Jenkins to issue a local mask requirement. Governor Greg Abbott issued an executive order banning mask requirements in July.
At the time, Abbott said he encouraged people to wear masks, but he would not require them.
“The new Executive Order emphasizes that the path forward relies on personal responsibility rather than government mandates. Texans have mastered the safe practices that help to prevent and avoid the spread of COVID-19. They have the individual right and responsibility to decide for themselves and their children whether they will wear masks, open their businesses, and engage in leisure activities. Vaccines, which remain in abundant supply, are the most effective defense against the virus, and they will always remain voluntary – never forced – in the State of Texas," Abbot wrote in a statement July 29.
Dallas County Commissioner J.J. Koch sued Jenkins when Jenkins issued a mask requirement for commissioner's court meetings. Jenkins responded by filing a counter-claim against Abbott.
In August, a state district judge ruled Abbott's ban on mask requirements violated Jenkins' ability to manage public health during a pandemic. She issued a temporary injunction that blocked Abbott's executive order.
Abbott's office appealed the ruling, and the Fifth Court of Appeals has now ruled in Jenkins' favor.
The court's ruling says state law "does not give the governor carte blanche to issue executive orders empowering him to rule the state in any way he wishes during a disaster.”
"I will continue to stand for your safety against any threat," Jenkins tweeted after the ruling was issued. "The enemy should not be another elected official. This is Team Human vs the Virus and to protect life and our economy we should all follow the science wherever it leads."
Neither Abbott nor Attorney General Ken Paxton has responded to the ruling. They can appeal to the Texas Supreme Court.
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