Texas Supreme Court Temporarily Cancels Bexar County Mask Warrant

Bexar County’s public school mask mandate was temporarily overturned by the Texas Supreme Court on Thursday, giving Gov. Greg Abbott and Attorney General Ken Paxton a victory.

Abbott and Paxton filed an emergency petition in court on Tuesday, asking for a stay of the injunction that allowed the Bexar County mask warrant to go ahead. The court has granted the stay, but has yet to rule on the state’s request to permanently lift the injunction as the case progresses through the courts.

The injunction was initially granted by the judge of the 57th Civil District Court, Toni Arteaga, on August 16, after Bexar County sued the governor, arguing that he had exceeded his decree prohibiting government entities, including schools to require face coverings. Arteaga cited the vulnerability of children in school and a “dire situation” in Bexar County hospitals amid a wave of COVID-19 cases.

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State officials filed an appeal with the Texas Supreme Court after the Fourth Court of Appeals upheld the injunction on August 19.

Bexar County attorneys argued that the governor’s orders violated the Texas Health and Safety Code, which allows local health officials to issue warrants for public health reasons.

Lawyers for the state argued violations of the temporary injunction on the governor’s authority granted to him under the Texas Disaster Act. They also said the mask’s mandate added to “statewide confusion resulting from multiple conflicting orders that courts at all levels of the judiciary have issued in recent weeks.”

Paxton praised the move, in a statement released Thursday.

“The Texas Supreme Court has sided with the law, and the decision to enforce mask warrants rests with the governor’s legislative authority,” said Attorney General Paxton. “Mask warrants in our state are illegal and judges must obey the law. Further non-compliance will result in more prosecution. “

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Meanwhile, county attorneys are planning their next move.

“While I am personally disappointed with today’s order from the Texas Supreme Court, I will continue to do my utmost to fight for the health, safety and well-being of the citizens of Bexar County,” Bexar County District Attorney Joe said. Gonzales. “We continue to work with the City of San Antonio to determine the next steps in light of the ordinance issued today.”

Regardless of the county’s mask mandate, several school districts in the San Antonio area have adopted their own mask requirements that could be in effect until challenged by Paxton in court.

Bexar County hospitals were reporting 1,371 COVID-19 patients on Wednesday, including 391 in intensive care and 238 on ventilators. Only 7% of staffed hospital beds are available, putting a strain on hospital staff and resources.

Since the start of the pandemic, 3,802 residents of Bexar County have died from the virus.

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Read the timeline below, recapping the legal battle between Bexar County and Texas:

• June 5: An executive order issued by Abbott went into effect prohibiting counties, cities, school districts, public health authorities or government officials from requiring or enforcing the wearing of masks.
• July 29: Abbott issued another executive order that further removed the ability of local governments to pass policies such as requiring people to wear masks, get vaccinated, or set capacity limits.
• August 10: A Bexar County Civil District Court judge granted a request from Bexar County and San Antonio City officials and issued a temporary restraining order against Abbott’s executive order. The decision allowed the Bexar County Health Authority to issue a public school health directive to issue a mask warrant in public schools and other directives such as quarantine protocols. As a result, Bexar County school districts have announced that they will require masks inside campuses.
• August 16: The judge of the 57th Civil District Court, Toni Arteaga, ruled in favor of Bexar County. The ruling grants a temporary injunction that prevents the application of Abbott’s decree that prohibited local governments from issuing coronavirus-related warrants. The decision is subject to appeal by Governor and Attorney General Ken Paxton. The mask mandate on public schools and city employees will remain in effect until the scheduled trial date, unless higher courts overturn the decision before that date.
• August 24: Abbott and Paxton filed an emergency petition with the Texas Supreme Court, requesting a stay of the injunction that allowed the Bexar County mask warrant to go forward.

• August 26: The Texas Supreme Court grants a temporary stay on the Bexar County mask mandate.