Judge slams Texas Gov. Abbott’s ban on warrants, allows San Antonio to require masks in schools

SAINT ANTHONY –San Antonio rulers on Tuesday won a court victory over Texas Gov. Greg Abbott in the ongoing fight for mask mandates.

A Bexar County Civil District Court judge has granted the city and county of Bexar the request for a temporary injunction against Abbott’s executive order banning mask warrants in schools.

Indeed, the decision allows officials in Bexar County and San Antonio to issue a mask warrant in public schools and other guidelines like the quarantine protocol – for now. No details have yet been released on the guidance, but officials will hold a live press conference at 6:10 p.m.

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The order was granted after an hour-long hearing by the 57th Civil District Court with Judge Toni Arteaga.

Arteaga said an affidavit from Metro Health chief medical officer Dr Junda Woo weighed heavily in his decision, as did the vulnerability of children returning to school amid an increase in coronavirus cases.

“I don’t do this lightly,” Arteaga said.

The temporary restraining order will remain in effect until another court hearing scheduled for Monday.

With the decision, the city and county “will immediately issue an order requiring masks in public schools and requiring quarantine if it is determined that an unvaccinated student is in close contact with a COVID-19 positive individual,” according to a press release. According to documents presented to the court, they will also need face masks for Bexar and San Antonio County employees and visitors to city and county facilities.

The ruling is the first legal defeat for Abbott’s ban on coronavirus warrants, which have been contested statewide in recent days.

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On July 29, Abbott issued an executive order further removing local government tools to pass policies that public health experts say would help mitigate the spread of COVID-19, including mask requirements, capacity limits and vaccine mandates. Abbott said the executive order “emphasizes that the way forward rests on personal responsibility rather than government mandates.”

Abbott’s executive order was based on the Texas Disaster Act of 1975, which he said gives him the power to ban governments from imposing coronavirus-related mandates.

Attorney Bill Christian, who represents the city of San Antonio, argued that Abbott’s interpretation is overbreadth.

“We don’t think this law is broad enough to encompass decisions of cities and counties in their local jurisdictions relying on their authority under local public health laws,” Christian said.

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As the city and county’s chief medical officer, attorneys for San Antonio and Bexar County argue that Woo has the power to impose a mask warrant under the Texas Health and Safety Code.

Kimberly Gdula, assistant attorney general for Texas, said a temporary restraining order would effectively overturn state law.

“Not only are (they) asking this court to overturn an executive order that has the force and effect of state law, they are asking this court to dismiss parts of the Texas disaster law that were passed by the legislature, ”Gdula said.

Gdula also said that a recent Eighth Court of Appeals ruling reaffirmed the governor’s power under the Texas Disaster Act.

“Ironically, the governor passes state law designed to facilitate local action in an emergency and uses it to bar the local response to the emergency he himself has declared,” the mayor said. from San Antonio, Ron Nirenberg, in a statement.

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The lawsuit comes amid a wave of COVID-19 infections that have pushed hospitals to the limit across the state and as schools return to campus for the fall semester.

In San Antonio, the 7-day average of new coronavirus cases is over 1,200. Hospitalizations also exceeded 1,197. By comparison, an average of 140 patients were hospitalized with the virus in early July.

Several school districts have said they will openly challenge Abbott’s ban on mask warrants and further court challenges are expected.

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The Bexar County lawsuit comes a day after Dallas County Judge Clay Jenkins filed a similar lawsuit challenging Abbott’s order.

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