Federal judge strikes down Texas Governor Greg Abbott’s ban on mask mandates in schools

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A federal judge has struck down Texas Governor Greg Abbott’s ban on mask mandates in schools because it violates the Americans With Disabilities Act (ADA).

US District Judge Lee Yeakel handed down his ruling on Wednesday, opening the door for local leaders to decide individually whether they want to require face coverings in school districts.

The judge sided with the advocacy group Disability Rights Texas, which challenged the ban in a lawsuit filed in August on behalf of several families against Gov Abbott, state Attorney General Ken Paxton and Texas Education Agency Commissioner Mike Morath.

The lawsuit argued that the ban imposed in late July discriminates against students with disabilities by forcing them to choose between risking exposure to Covid-19 at school or staying home.

Judge Lee Yeakel agreed that the ban was superseded by the ADA enacted in 1990 and noted that the virus poses a greater threat to students with special health needs.

“The evidence presented by Plaintiffs establishes that Plaintiffs are being denied the benefits of in-person learning on an equal basis as their peers without disabilities,” the judge wrote in his decision.

Mr Paxton said his office is planning to appeal the ruling, which could have national implications as several other states face similar legal battles over mask mandates for children.

“I strongly disagree with Judge Yeakel’s opinion barring my office from giving effect to GA-38, which prohibits mask mandates imposed by government entities like school districts,” Mr Paxton tweeted on Wednesday night.

“My Agency is considering all legal avenues to challenge this decision.”

A University of Texas/Texas Tribune poll released earlier this week found that 58 per cent of voters support mask requirements for public school students and staff.

At least 45 school districts statewide were forced to temporarily close in the early weeks of the semester due to Covid-19 cases, according to the Texas Education Agency.

The Biden administration launched a civil rights investigation into the school mask mandate ban in September, just weeks after Gov Abbott tested positive for coronavirus.

The governor’s office is facing legal battles on several other areas of legislation, including its restrictive abortion bill, election law and ban on vaccine mandates.