AG Ken Paxton Warns Austin and Travis County to Leave Warrant of Mask or To Be Defendant

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Texas Attorney General Ken Paxton has threatened to sue Travis County and the City of Austin if officials do not back local orders that continue to require masks despite Gov. Greg Abbott ending the full-term mask mandate on Wednesday. the state.

Recently, Austin County and Travis County public health leaders announced they would continue to need masks, although Abbott banned local authorities from replacing his order. County judges can order COVID-19 restrictions if hospitalizations for the virus increase by more than 15% of bed capacity in that hospital region for seven consecutive days.

Violating the city’s public health order would be a class C crime, but the city planned to continue enforcing only “the most egregious cases,” Austin Mayor Steve Adler said in a video message posted Tuesday in the afternoon before Paxton’s announcement.

“The decision to require masks or to impose exploitation limits related to COVID-19 is expressly reserved to the private companies of his own premises. It does not correspond to jurisdictions such as the city of Austin or Travis County or its local health authorities, “Paxton wrote in a statement Wednesday.” We have already taken you to court in similar circumstances. You have lost. If you continue to open the law that way, we’ll take you back to court and you’ll lose again. “

Paxton gave local authorities until 6 p.m. to comply with the governor’s order, terminate the local mandates of COVID-19 and withdraw related public statements. The order stated that it would “replace any conflicting orders issued by local officials.”

“Otherwise, on behalf of the state of Texas,” Paxton wrote, “I will sue you.”

Neither the city nor the county retreats.

“I listen to doctors, not politicians like our attorney general,” Travis County Judge Andy Brown said in an interview, explaining that this is the message he expects his residents to receive. “It’s not the time to take off your masks.”

Brown said the continued mask mandate comes from the county’s public health authority, not its emergency powers due to the pandemic. According to this interpretation, he says the county should be able to legally demand masks. The discussion to remove a mask warrant should not begin until 80 percent of the county is vaccinated, Brown said. It is currently at 9%, he said.

“We will fight the assault of Governor Abbott and Attorney General Paxton against doctors and data for as long as we can,” Adler said in a statement.

The Paxton office successfully challenged attempts by Austin and Travis officials to restrict holiday restaurant operations during the New Year. But Brown argued that the order remained in place during the holidays while the lawsuit was being discussed and that, as a result, an improvement was demonstrated.

Texas on Wednesday became the most populous state in the country without a mask warrant, with more than half of the country requiring them in public. This is because an average of about 200 people die every day in the state from COVID-19 and as new, more contagious variants of COVID-19 spread to the state. Several leaders have criticized Abbott’s decision to end the mask’s term, including President Joe Biden, who called it a “big mistake.” Other lawmakers and some business owners have praised the measure.

Efforts to vaccinate the population continue, and experts say achieving herd immunity would lead to almost all adult jeans being vaccinated. Approximately 8.5% of Texas ’29 million people were fully vaccinated as of Monday, and the state on Wednesday extended vaccine eligibility to all Texans over the age of 50. But the number of eligible recipients was already higher than the supply before the expansion, which means it can be difficult to get an appointment quickly.

While Abbott said city officials cannot demand the use of masks in public, companies can demand them within their places. Dozens of Austin companies have announced they will need masks independently, as well as many more statewide. Some already fear customer reaction.

Harris County Judge Lina Hidalgo addressed the end of the mask’s term during a news conference Wednesday and said the fight against COVID-19 continues – with only about 1 in 10 County residents more than 16 years who are completely vaccinated.

Hidalgo thanked business owners who continue to need masking in their businesses.

“We know you’ve been there from the beginning, leading and supporting our people,” he said. “And, as unfair as it may be, carrying that burden of keeping the community safe is a huge public service.”