SAN ANTONIO (Talk1370.com) -- A temporary restraining order issued by a state district court judge in Bexar County will allow San Antonio-area school districts to issue mask-wearing mandates as the school year nears.
The City of San Antonio and Bexar County filed a lawsuit against Gov. Greg Abbott on Tuesday, aiming to restore local control over the fight against COVID-19 by issuing mask mandates for schools and other public buildings.
Judge Antonia Arteaga signed off on the temporary restraining order Tuesday afternoon.
“We are challenging the governor’s authority to suspend local emergency orders during a crisis such as the COVID-19 pandemic,” said San Antonio Mayor Ron Nirenberg. “Ironically, the governor is taking a state law meant to facilitate local action during an emergency and using it to prohibit local response to the emergency that he himself declared.”
It's the second lawsuit that has been filed against Abbott over school mask mandates, with Dallas County Judge Clay Jenkins filing suit Monday evening. In addition to the legal battles in court, two of the state's largest school districts - Austin ISD and Dallas ISD - have both announced they will enact mask mandates in defiance of Abbott's executive order, with Houston ISD expected to approve one later this week.
Bexar County Judge Nelson Wolff said Abbott has "unconstitutionally" stepped beyond his powers.
“As the school year begins, the health of our students, especially those under 12 who are not eligible to be vaccinated, are being put at risk," said Wolff. "The pandemic is not over. We need to continue to utilize every tool we have to combat the very contagious delta variant. We have come too far to allow our students to be super spreaders and put more lives at risk."
Prior to the restraining order being issued, an Abbott spokesperson called the city and county's effort "misguided." "Under Chapter 418, the Governor has full authority to issue executive orders that have the full force and effect of law in response to a disaster. This health disaster has continued to change, and so should our response. Texans have learned and mastered over the past year the safe practices to protect themselves and their loved ones from COVID, and do not need the government to tell them how to do so," the statement reads.