Harris County Attorney Christian D. Menefee

The Texas Supreme Court tonight (Thursday, Aug. 19) denied Gov. Greg Abbott’s request to block mask mandates issued in Travis and Harris counties, according to various news reports.

A district court judge in Travis County last Sunday, Aug. 15, granted requests in lawsuits challenging Abbott’s May executive order prohibiting local authorities from putting mask mandates in place to try and stem the spread of COVID-19, including a lawsuit against Abbott filed by Harris County Attorney Christian D. Menefee.

On Aug. 9, a group of Dallas County parents announced they were filing as intervenors into a countersuit Dallas County Judge Clay Jenkins had already filed against Dallas County Commissioner Precinct 2 J.J. Koch — who had originally filed suit against Jenkins when the county judge had him removed from the commissioners court meeting for refusing to wear a mask — and against Abbott, challenging Abbott’s prohibition of local mask mandates. Dallas County District Court Judge Tonya Parker issued an order on Tuesday, Aug. 10, enjoining Abbott’s executive order.

The Texas Supreme Court last Sunday, Aug. 15, overturned Parker’s temporary restraining order as well as restraining orders from a similar case in Bexar County. Despite that ruling, both the Dallas County Independent School District and Judge Jenkins declared that their mask mandates remained in effect because the Supreme Court ruling did not specifically apply to them.

Also that same day, a Travis County district judge granted temporary restraining orders in lawsuits filed by The Southern Center for Child Advocacy, Harris County, La Joya Independent School District and seven other school districts Abbott’s ban on mask mandates from The Southern Center for Child Advocacy affecting schools statewide, Harris County and La Joya ISD and seven other school districts.

And today, the Supreme Court denied Abbott’s request, filed by Texas Attorney General Ken Paxton, to overturn the Travis County judge’s stay.

Harris County Attorney Christian Menefee, who filed the challenge on behalf of his county, said in a written statement tonight: “This is an important decision. It means Harris County’s orders mandating masks for employees and students stand for now.

“Our lawsuit against the governor will continue, and we’ll keep giving all we’ve got to ensure local officials and school districts can protect our students and immunocompromised,” Menefee added. “I’m hopeful today’s decision also means the Texas Supreme Court is taking a hard look at whether Gov. Abbott is misusing the Disaster Act and needs to be reined in.”

— Tammye Nash