An appeals court ruled Thursday that Texas' most populous county -- Harris County, which includes Houston -- can keep its mask requirement in place.
Gov. Greg Abbott (R) issued an executive order last May banning local mask requirements.
"The Lone Star State continues to defeat COVID-19 through the use of widely-available vaccines, antibody therapeutic drugs, and safe practices utilized by Texans in our communities," Abbot said in a written statement when he issued the executive order. "Texans, not government, should decide their best health practices, which is why masks will not be mandated by public school districts or government entities. We can continue to mitigate COVID-19 while defending Texans' liberty to choose whether or not they mask up."
Abbott and Texas Attorney General Ken Paxton (R) sued to block the requirement in Harris County. The Texas 3rd Court of Appeals ruled in favor of the county on Thursday, allowing the requirement to stay in place.
"Too many people have been lost to this virus who didn't have to die simply because of misinformation, politicization and culture wars surrounding the virus that have made it easier to spread," Harris County Judge Lina Hidalgo (D) said.
Hidalgo said the ruling affirmed that local officials "have the authority to put reasonable measures in place to prevent the spread of COVID-19."
Christian Menefee, the lawyer representing Harris County, said the ruling would affect cities, counties and school districts across the state, giving them more freedom to enforce local requirements.
"It's an important issue that affects a lot of school districts, superintendents and parents, as well as the students themselves," he said.
Dallas ISD requires masks now.
That requirement was scheduled to expire after Martin Luther King Jr. Day, but this week, the district extended the requirement until spring break as case numbers and hospitalizations have increased.
Thursday, both Dallas and Tarrant Counties reported record numbers of cases of more than 6,000 in each county. Dallas County reported 6,310 cases; Tarrant County reported 6,040 cases.
In Harris County, Hidalgo and Menefee said they expect the ruling to be appealed to the Texas Supreme Court.
"This is a victory for public health. This is a victory for parents. It's a victory for children, for schools, for our entire community, but it is just another battle in our fight against COVID-19," Hidalgo said.
"I look forward to continuing this fight in the Texas Supreme Court," Menefee said. "[Thursday's] victory is just one step in this fight. I can all but guarantee this case will be appealed."
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