Texas Gov. Greg Abbott can’t enforce mask mask ban, court argues

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Gov. Greg Abbott has been embroiled in legal battles with Texas cities, counties and public schools that have challenged his ban on local mask warrants. But in urban areas where these battles are being fought, local officials Abbott has to enforce his ban are not playing ball.

While Abbott and Attorney General Ken Paxton vowed to punish local government and school district officials who reject the governor’s executive order, they acknowledged in court documents that they actually have no power to enforce the ban.

“Neither Governor Abbott nor Attorney General Paxton will enforce the order,” Paxton argued in a court hearing Monday in Dallas.

Since the pandemic began, Abbott has issued a series of executive orders, the most notable of which have limited cities and counties to taking steps to curb the spread of COVID-19, such as mask warrants and employment restrictions on companies such as restaurants and retailers.

Cities, counties and school districts in the state’s major urban areas have responded with a flood of lawsuits challenging Abbott’s executive order banning them from wearing mask warrants amid an increase in cases and hospitalizations of COVID-19.

In an attempt to persuade judges to launch these legal challenges, Abbott and Paxton say in recent court records that they are not the right target because it is up to local prosecutors to enforce Abbott’s orders.

“The governor’s executive orders, with all the force and effect of the law, are enforceable by state and local law enforcement,” spokeswoman Renae Eze said in a statement.

But in the city’s urban counties, these district attorneys are mostly Democrats who are unlikely to sue fellow local officials for violating Abbott’s order to ban mask warrants.

“[Abbott is] saying, “Well, it’s not applicable, only the DA can do it,” said Randall Erben, an assistant professor of law at the University of Texas at Austin. “Well, the DAs of Travis, Harris and Dallas will not prosecute anyone for violating the executive order.”

Harris County District Attorney Kim Ogg in the state’s most populous county does not plan to enforce Abbott’s executive order because it is not a criminal matter, a spokesman said.

Abbott’s legal argument, included in court documents in at least five lawsuits challenging his order, has prompted some lawyers representing local governments and public schools to call the governor and Paxton to say one thing in public and another in public. room.

According to Paxton’s count, 69 school districts and 10 counties have adopted mask orders. He has threatened several school districts with lawsuits if they do not abandon them.

“In public, the attorney general has said he can enforce [Abbott’s executive order]”Said in an email David Campbell, a lawyer representing several school districts with mask warrants.” But in some court cases, the attorney general has said otherwise. So what is it? ”

For Harris County Attorney Christian Menefee, Abbott and Paxton “are creating confusion for school districts, superintendents and local officials trying to keep students and residents safe as the Delta variant gets worse.”

“If the governor and the attorney general cannot enforce the ban on the governor’s mask mandate, people who make difficult decisions for our schools and communities have a right to know,” Menefee said in a statement. week. “They should not be afraid to retaliate for doing the right thing, especially when our state leaders quietly admit that their threats are nothing more than blunders.”

Paxton’s office did not respond to requests for comment.

Abbott and Paxton have been under intense political pressure from their right flank to curb local officials rejecting Abbott’s ban on mask orders.

Both benefit from taking a strong public stance on mask warrants, even if they tell the courts they can do little to enforce them, other than suing counties and school districts, said Brandon Rottinghaus, a teacher at political science at the University of Houston.

“Publicly, they want their fingerprints everywhere, they want to claim credit,” Rottinghaus said. “But in a different environment, they want to be able to maneuver quietly around them or be able to use all sorts of legal tricks they can to avoid having to deal with these consequences.”

Abbott’s order and the lawsuits of local officials who have challenged him have created a confusing mess of legal maneuvers and decisions. Often, a local mask order will win the favor of lower court judges, and only the State Supreme Court will reject it, at least temporarily. Then a lower court will reinstate the term and the cycle will begin again.

After the Supreme Court on Thursday temporarily blocked Bexar County’s order requiring masks on public schools, district attorney Joe Gonzales said he will not prosecute school districts that adopt mask warrants anyway, noting the fact that the Texas Education Agency is not enforcing Abbott’s ban.

“I understand that this litigation has been confusing for public officials, administrators and, most importantly, for the public,” Gonzales said in a statement. “Rest assured that we work tirelessly to protect those who cannot protect themselves.”

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