Texas Attorney General Ken Paxton (R) filed a lawsuit against the city of Austin for maintaining a local order requiring the use of face masks after Gov. Greg Abbott (R) removed the mask mandate to the whole state.
The lawsuit has been filed Austin Mayor Steve Adler (D), Travis County Judge Andy Brown and Mark Escott, the iActing Medical Director and Austin Health Authority, CNN reported.
“I told Travis County and the city of Austin to comply with state mask law. They made me fly. So, once again, I’m dragging them to court,” Paxton said. he tweeted.
Abbott announced On March 2 he would lift the Texas mask warrant and other coronavirus restrictions, though Austin officials indicated this week that they would press for a mask warrant in the city.
The lawsuit filed Thursday indicates that aindividual companies can decide if they want customers to wear masks, but they claim Abbott’s executive order prohibits local governments from enforcing mask mandates.
Paxton asked the court for a temporary restraining order so Austin could not enforce his mask order, according to CNN.
“The Attorney General’s Office has filed a lawsuit against the city of Austin and Travis County. Travis County has not had to rely on the execution of its orders to hold our community accountable. All and that the order of the Court of Commissioners is valid, Travis County will not pursue any action to enforce that order with respect to the court, “Brown’s office said in a statement to CNN.
Paxton warned Adler on Wednesday was going to sue if the mask warrant was not lifted.
“The decision to require masks or impose COVID-19-related operating limits is expressly reserved for private companies on their own premises. It does not apply to jurisdictions such as the city of Austin or Travis County or its local health authorities. Paxton said.
However, Adler said after the threat that he will fight if there is a lawsuit.
“Judge Brown and I will continue to do everything in our power, using all available tools to reduce the spread of the virus, to keep as many people as possible, to safely open schools to more face-to-face learning and we will fight against the assault of Governor Abbott and Attorney General Paxton against doctors and data for as long as we can, ”Adler said.
Brown, in a statement to The Hill, said the Texas Attorney General was “failing” to make community health a priority.
“I will continue to listen to our public health authority, medical professionals and the CDC who have always said that masks save lives. It is unfortunate that the Attorney General fails once again to make the health of our community his priority.” said Brown.
The Hill has contacted Paxton and Adler for further comments.
Updated at 7:39 p.m.