The all-Republican Texas Supreme Court on Sunday temporarily revived Gov. Greg Abbott’s ban on local mask mandates, thwarting attempts by officials in the state’s largest counties and school districts to implement COVID-19 restrictions as virus patients strain hospitals.
The justices granted Abbott’s request for an emergency stay that blocks lower court decisions allowing local officials to require masks in schools or indoor spaces, affirming his July 29 executive order that removed local authority over measures to lessen the severity of the pandemic. The stay is temporary; the court has yet to make a final ruling in the case.
The case will still be heard on its merits, though that process could take weeks or months; officials in counties including Harris, Dallas and Bexar had hoped their mask mandates would remain in place as schoolchildren return to the classroom this week.
Last week, the city of San Antonio, Dallas County and Harris County secured temporary restraining orders from state district court judges that blocked Abbott’s executive order. San Antonio and Dallas counties also prevailed before separate appeals courts.
More than 11,000 Texans with COVID-19 are currently hospitalized during this fourth wave of the virus, higher than any point except the peak of January’s surge. Nearly 40 percent of new virus hospitalizations in the nation are from two states — Texas and Florida — White House pandemic response coordinator Jeff Zients said last week.
Abbott has asserted control over the Texas pandemic response since April 2020, when he ended the state’s stay-home order and forbade local governments from requiring masks.
Abbott ended all pandemic restrictions in March, with deaths declining steadily and vaccines widely available to adults. Hospitalizations began rising rapidly in July, however, driven by the highly transmissible delta variant.
The governor said he issued the July 29 executive order to ensure “clarity and uniformity” over the state’s pandemic response. The order prohibits local authorities from issuing mask or vaccine mandates as well has imposing restrictions on businesses.
“The path forward relies on personal responsibility rather than government mandates,” Abbott said in a statement. “Texans have mastered the safe practices that help to prevent and avoid the spread of COVID-19.”
While Abbott urged residents to get vaccinated, just 45 percent of residents have done so, below the national average. As hospitalizations spiked again, local leaders decided to defy Abbott and issue mask mandates.
zach.despart@chron.com
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