After the United States, 5th Circuit Court of Appeals overturned a federal judge's injunction, the order, Texas Governor Greg Abbott's ban on school mask regulations are back in effect.
In November, Federal Judge Lee Yeakel ruled that Abbott's order prohibiting such measures in schools was unconstitutional because it violated the rights of students with disabilities, clearing the way for districts to implement face-covering policies to help prevent the spread of the coronavirus.
In response to Attorney General Ken Paxton's appeal, the 5th Circuit justices stayed the injunction.
Paxton praised the move on Twitter on Wednesday, calling the governor's directive "THE LAW." Abbott chimed in as well, complimenting Paxton for the win and describing it as "GREAT NEWS."
Disability Rights Texas lawyers, who filed the first federal complaint against Abbott's ban in mid-August, claimed that the prohibition on mask mandates puts kids with disabilities at risk and violates the law's protections. A child from Richardson is one of the plaintiffs.
Rights of People with Disabilities Texas stated that depending on local coronavirus transmission data and student requirements, school administrators should evaluate if mask mandates are necessary. The organization represents children, primarily under the age of 12, who have medical issues that put them at a higher risk of catastrophic complications or death if they catch COVID-19.
In his decision, Yeakel found that the governor's unilateral order hampered schools' ability to meet their federal disability law requirements.