Texas Schools Can Require Masks Indoors, Federal Judge Says

(Bloomberg) -- Texas Governor Greg Abbott’s anti-mask crusade was dealt a serious blow by a federal judge, who permanently blocked Abbott’s edict banning school mask mandates as a violation of disabled students’ right to equally access educational facilities.

U.S. District Judge Lee Yeakel sided Wednesday with some Texas parents who fear their medically vulnerable children will catch -- and potentially die from -- Covid-19 transmitted by unmasked classmates and teachers. The parents said their children could safely access the benefits of in-person instruction if others would wear masks around them.

Yeakel, a George W. Bush appointee, rejected Abbott’s argument that voluntary mask policies don’t discriminate because they treat all students the same, and the disabled kids are free to attend classes if they choose. The Republican governor has said he believes wearing masks should remain a matter of personal responsibility decided by parents.

“The spread of Covid-19 poses an even greater risk for children with special health needs. Children with certain underlying conditions who contract Covid-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital’s intensive-care unit,” Yeakel wrote.

Abbott, who uses a wheelchair since a running accident left him paralyzed decades ago, is battling more than a dozen Texas municipalities and school districts over mask mandates. 

More than 6.5 million U.S. school-aged children have contracted Covid since the start of the pandemic, according to a Nov. 4 tally by the American Academy of Pediatrics.

Texas state judges have so far largely favored local officials trying to protect students by defying Abbott’s order and following the U.S. Centers for Disease Control’s call for universal indoor masking at schools. The Texas Supreme Court has issued temporary rulings both for and against Abbott’s mask policy, but the court says it is waiting for challenges to work up from lower courts before fully resolving the matter.

Wednesday’s ruling is the first by a federal judge on Abbott’s mask ban. The U.S. Education Department began investigating the Texas Education Agency in mid-September after it ordered schools to comply with Abbott’s mask ban. Federal lawyers told Yeakel the parents’ concerns “go to the heart of the protections offered by the Americans With Disabilities Act,” which ensures disabled children the same access to public schools enjoyed by their non-disabled peers. 

Abbott initially encouraged schools to require masks indoors, but he flipped under pressure by Republican conservatives, including far-right politicians challenging him for re-election. Texas Attorney General Ken Paxton has vowed to drag every rebellious local official into court over the mask ban. Paxton’s list of non-compliant cities, counties and schools numbered more than 100 in late September, according to court filings.

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