Greg Abbott (Jacob Ford/Odessa American via AP)

Governor ignores science by banning mask mandates

Texas Gov. Greg Abbott surely started 2021 with the knowledge that he would likely be facing challengers from within his own party in running for re-election in 2022. So the governor seemed to spend this year keeping on the good side of GOP voters, even the far-rightest of the right wingers, rather than listening to the experts and focusing on what was actually in the best interests of Texans’ health and well-being. (See weather-related coverage in our year-in-review introduction and the section on the Texas Legislature for other examples.)

In early March, Abbott lifted all restrictions that had been put in place to help slow the spread of COVID-19 in the state. The two months later, on May 18, he went a step further by issuing Executive Order 36 prohibiting governmental entities in Texas — including counties, cities, school districts, public health authorities, or government officials — from requiring or mandating mask wearing. The order allowed public schools to continue then-current mask-wearing guidelines through June 4. But after that date, Abbott ordered that no student, teacher, parent or other staff member or visitor could be required to wear a mask while on campus.

Since infection rates were, at the time, steadily declining thanks to the number of people who were getting vaccinated against the coronavirus, Abbott’s order didn’t raise too many eyebrows.

Then came the delta variant, and by late June, early July, infection rates were once again skyrocketing. But Abbott refused to relent, even after schools began to re-open in August and more and more young children and teenagers began falling ill.

By early August, though, some school districts — including Dallas ISD, Austin ISD, Fort Worth ISD and more — along with Dallas County, Harris County and a group of parents that included Dallas couple Laura and Deanna McFerrin Hogan began fighting back.

Officials with the Dallas and Austin school districts announced at the beginning of August that they would require everyone on their campuses to wear masks, despite Abbott’s executive order. Other school districts soon joined. Dallas County Judge Clay Jenkins asked the courts for a restraining order enjoining enforcement of Abbott’s order, and Harris County District Attorney Christian Menefee filed suit in Travis County asking that the order be overturned. The McFerrin Hogans and other DISD parents intervened in a separate lawsuit asking that the order be overturned, as well.

In Dallas County, District Court Judge Tanya Parker issued an injunction against Abbott’s order, and in Travis County, the court ruled in favor of Menefee. Texas Attorney General, acting on behalf of Abbott and his no-mandates order, went straight to the Texas Supreme Court which first ruled in favor of Abbott and lifted the various injunctions. But on Aug. 19, the Texas Supremes refused Abbott’s and Paxton’s request to block mask mandates issued in Travis and Harris counties.

On Aug. 20, officials with the Texas Education Agency announced that Abbott’s mask mandate ban was no longer being enforced due to ongoing court challenges, and the battles raged on into September and beyond, with Paxton suing and threatening to sue any school district that required masks be worn on campuses.

On Nov. 10, Federal District Judge Lee Yeakel overruled Abbott’s ban on mask mandates in schools, declaring that Abbott’s order violates the Americans With Disabilities Act and puts at risk the health of children with disabilities. But then the 5th U.S. Circuit Court of Appeals weighed in on Nov. 24, restoring

Abbott’s governor’s executive order and claiming that there had been “no concrete, or actual or imminent, injury as a result of the enforcement” of the executive order.

Of course, lawsuits continue at all levels of the court system — state and federal — and the final word will likely rest with the U.S. Supreme Court.

Abbott has also issued an executive order prohibiting any entity in Texas, including private businesses, from mandating coronavirus vaccines for either employees or customers. (A bill introduced in October during one of the legislature’s special sessions would have done the same thing. It failed to pass.)

President Joe Biden has issued his own executive order requiring companies with 100 or more employees to adopt vaccine mandates or testing regimens, which are already in place for federal employees and members of the military. A number of larger corporations, including Fort Worth-based American Airlines, are also ignoring Abbott’s order to mandate vaccines or testing regimens. Again, this battle — like the fight over mask mandates — will probably go all the way to SCOTUS for a final decision.

— Tammye Nash