Gov. Abbott and AG Paxton to block Dallas County judge’s mask warrant

AUSTIN –Governor Greg Abbott and Attorney General Ken Paxton on Wednesday announced the filing of a mandamus motion with the 5th Court of Appeals to quash the actions of Dallas County Judge Clay Jenkins, according to a statement.

On Tuesday, Judge Tonya Parker granted local authorities in Dallas counties, such as Judge Jenkins, temporary power to issue mask warrants, defying Governor’s Executive Order GA-38, which bans local mask orders through Texas. In San Antonio, Judge Antonia Arteaga granted local authorities a temporary restraining order blocking Abbott’s action.

READ: Texas judges temporarily allow Bexar and Dallas county officials to issue mask warrants, despite Governor Greg Abbott’s ban

Abbott’s office said Jenkin’s order violated Executive Order GA-38 and state law. His office also said the Texas Disaster Act states that the governor has the power to guide the state in emergency situations, such as the COVID-19 pandemic. Abbott’s office said any school district, state university or local official who decides to defy the order will be brought to justice.

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“Under Executive Order GA-38, no government entity can require or mandate the wearing of masks,” Abbott said. “The way forward is based on personal responsibility, not government mandates. The state of Texas will continue to vigorously fight the temporary restraining order designed to protect the rights and freedoms of all Texans.

“This is not the first time that we have dealt with militant characters. It’s already seen, ”said Paxton. “Attention-grabbing judges and mayors once defied executive decrees early in the pandemic, and the courts have ruled on our side – the law. I am convinced that the results of all prosecutions will be on the side of individual freedom and choice, not government mandates and overbreadth. “