Appeals Court Sides With Dallas County Judge, Shoots Down Texas Governor's Ban Against Mask Mandates
NORTH TEXAS (CBSDFW.COM) — Mask mandates will be allowed in the State of Texas. The Fifth Court of Appeals in Dallas issued the ruling during the late night on November 22.
The decision is the latest chapter in the fight between Governor Greg Abbott and Dallas County Judge Clay Jenkins over how to handle the COVID-19 pandemic.
Jenkins had argued he had the right to issue a local mask mandate if it means protecting public health and that he had the power to do so under the Texas Disaster Act.
Abbott had asserted that he had the authority to issue a statewide order banning the mandates. His attorneys argued it was a matter of law and that the governor was given the power under the Texas Disaster Act.
On Monday, an appeals judge issued a temporary injunction against the governor's ban saying, "...Abbott lacks legal authority to act as he attempted. Instead, by endeavoring to exercise power beyond that given to him in the Disaster Act, he attempted to infringe on Jenkins's powers."
In a tweet Judge Jenkins said he was thankful for the ruling and that, "This is Team Human vs the Virus and to protect life and our economy we should all follow the science wherever it leads."
After a district judge issued a temporary injunction supporting Jenkins in August, the governor's office sought a higher ruling from the district court of appeals.
Neither the governor's office nor the Texas Attorney General's office have commented on the ruling, but they could choose to appeal it to the Supreme Court of Texas.
"We'll have to see what the attorney general and the governor want to do, but I'm not tired and I will continue to stand for your public health against any other elected official," said Jenkins.
In the meantime, Jenkins says, don't let all the legal back and forth confuse you.
"Don't listen to what people tell you is legal. Listen to what doctors tell you is safe," he said.