Kash Patel Becomes the Focus of Media Analysis They Consistently Get Wrong
The Deplorable Treatment of Afghan Women Is a Glimpse Into Our Future
In Record Time, Voters Are Regretting Electing Socialist Mamdani
Steven Spielberg Flees California Before Its Billionaire Wealth Tax Fleeces Him
Oklahoma Bill Would Mandate Gun Safety Training in Public Schools
Here Is the Silver Lining to the Supreme Court's Tariff Ruling
CA Bends the Knee, Newsom Will Now Mandate English Proficiency Tests for Truck...
Guatemalan Citizen Admits Using Stolen Identity to Obtain Custody of Teen Migrant
Oregon-Based Utility PacifiCorp Settles for $575M Over Six Devastating Wildfires
Armed Man Rammed Substation Near Las Vegas in Apparent Terror Plot Before Committing...
DOJ Moves to Strip U.S. Citizenship From Former North Miami Mayor Over Immigration...
DOJ Probes Three Michigan School Districts That Allegedly Teach Gender Ideology
5th Circuit Vacates Ruling That Blocked Louisiana's Mandate to Display 10 Commandments in...
Kansas Engineer Gets 29 Months for $1.2M Kickback Scheme on Nuclear Weapons Projects
DOJ Files Antitrust Lawsuit Against Ohio Healthcare Company
Tipsheet

Federal Appeals Court Upholds Texas' Ban on Mask Mandates in Public Schools

Federal Appeals Court Upholds Texas' Ban on Mask Mandates in Public Schools
Nick Wagner/Austin American-Statesman via AP, Pool

The New Orleans-based 5th U.S. Circuit Court of Appeals ended an injunction from a lower court allowing mask mandates in Texas schools. This came after families challenged an executive order from Gov. Greg Abbott (R-TX) prohibiting mask mandates in schools.

Advertisement

Last year, Abbott issued an executive order prohibiting government entities from mandating masks — including counties, cities, school districts, public health authorities and government officials. For public schools, he said, "no student, teacher, parent, or other staff member or visitor can be required to wear a mask while on campus."

Despite Abbott's executive order, many counties, cities and school districts continued enforcing mask mandates. As a result, multiple cases were filed against Abbott. Some were granted preliminary injunctions which allowed them to lawfully continue enforcing mask mandates.

The case that ruled in favor of Abbott's ban on mask mandates was filed by the families of seven children who have disabilities that make them more vulnerable to contracting COVID-19. The plaintiffs argued a lack of mask mandates would make their children more susceptible to contracting the virus and the ban on mask mandates violated the Americans with Disabilities Act.

The court ruled Monday that there are other options to protect immunocompromised children in schools, including vaccines and social distancing practices. Therefore, mask mandates are not necessary to protect the children. The court's majority opinion explained this:

Advertisement
It is plainly within the State’s power to remove one possible accommodation from consideration, so long as other reasonable options remain. And it is transparently wrong to equate the State’s course of action with “[d]enying the children individualized assessment of their needs.” Here, all agree plaintiffs have physical access to their classrooms. All agree all seven schools take a multi-pronged approach to COVID-19 mitigation. All agree plaintiffs, their classmates, and their teachers are welcome to wear masks and ask those around them to wear masks. All agree plaintiffs presented zero evidence that anyone—let alone “individual[s] working constantly with a disabled child,” would refuse a request to wear a mask or take comparable safety measures while working closely with a vulnerable student. And all agree at least some of the plaintiffs are committed to attending in-person classes, whether or not their schools mandate masks. Therefore, even if plaintiffs could recharacterize their injury as denial of reasonable access to schools, plaintiffs failed to show they have suffered or certainly will suffer such an injury.
Advertisement

For this reason, the court ruled that Abbott's executive order does not violate the ADA because it does not eliminate accommodations for vulnerable children in public schools. Not only are there other options available, a few of the plaintiffs attended schools that did not have a mask mandate prior to Abbott's executive order and said they would return to in-person schooling regardless of a mask mandate. In addition, the court also upheld Abbott's right through the state's constitution to make the executive order.

Join the conversation as a VIP Member

Recommended

Trending on Townhall Videos

Advertisement
Advertisement
Advertisement