Harris County Attorney Christian D. Menefee
UPDATE: A Travis County District Court, ruling in a lawsuit filed yesterday by the Harris County Attorney’s Office, today (Friday, Aug. 13) granted Harris County’s request for an order preventing the state from enforcing Gov. Greg Abbott’s executive order prohibiting local officials from mandating masks and other measures to prevent the spread of COVID-19.
Harris County Attorney Christian D. Menefee said he expects the order would be signed later today.
“While this decision is temporary, it’s a victory for residents in Harris County who are concerned about this public health crisis,” Menefee said. “We need every tool at our disposal to stop the spread of COVID-19, including masks and other measures that are proven to slow the spread. It’s critical that we work swiftly to do as much as possible to protect those who cannot be vaccinated, like our young children heading to school and our immunocompromised.”
Menefee explained that once the judge signs the order, it will be in place until the court has a hearing on the county’s request for a temporary injunction — which would last until the final ruling in the case — and makes a decision.
In the interim, the temporary restraining order allows Harris County and local school districts within Harris County to enact masking requirements for students and employees without fear of enforcement by the state.
ORIGINAL POST: The Harris County Attorney’s Office today (Thursday, Aug. 12) filed a lawsuit against Texas Gov. Greg Abbott and Attorney General Ken Paxton regarding GA-38, Abbott’s executive order issued in that attempts to stop local governments and officials from mandating masks, vaccines= and other measures to stop the spread of COVID-19.
Dallas County Judge Clay Jenkins filed a similar suit already, and on Monday, Aug. 9, a group of Dallas parents intervened in that suit. On Tuesday, Aug. 10, Dallas County District Judge Tonya Parker issued a restraining order enjoining enforcement of Abbott’s mask mandate ban. Several large school districts — including Dallas, Fort Worth and Austin — had already put mandates in place for teachers and students in defiance of Abbott’s executive order.
Harris County Attorney Christian D. Menefee said, “Gov. Greg Abbott has repeatedly misused his authority under Texas disaster laws. The current wave of the Delta variant presents a real and imminent threat to our most vulnerable populations, and local officials need to be able to respond to this crisis.
The governor’s executive order acknowledges this crisis, and then bans any meaningful action to address it,” he continued. “As hospitals become overwhelmed and schools look toward opening, the 4.7 million people in Harris County deserve leadership that will enact measures to slow the spread of COVID-19 and save lives.”
— Tammye Nash
