Fort Worth school district to join lawsuit against Gov. Abbott’s mask mandate ban
The Fort Worth school board has decided to join the La Joya school district lawsuit against Gov. Greg Abbott over his executive order barring school districts from requiring masks during an emotional meeting on Tuesday.
However, the board did not vote to implement a district-wide mask requirement at the meeting, as many residents expected.
The lawsuit, which the La Joya district filed last week, argues that the executive order cannot limit its rights as an employer and educational institution to establish necessary safety measures.
“Gov. Abbott has no authority under the Texas Disaster Act to prevent school districts from adopting mask mandates,” according to the lawsuit.
The Fort Worth board’s decision came after a tense round of debate as parents and residents expressed their support or opposition for a mask requirement. The meeting crowd neared 150 people, with many people holding up signs urging the board to “Listen to Doctors” or “Uphold State Law.”
More than 50 people addressed the board, with Fort Worth resident Amma Petursdottir telling them that she’s lost the trust that school can be a safe place for her children.
“The CDC recommendations for K-12 are based on the best available scientific evidence on how to control the threat of this infectious disease,” she said. “Please do the right thing.”
Fort Worth resident Christopher Gallegos said the board doesn’t have the authority to require a mandate and said he supports parental choice to wear a mask.
“Fort Worth ISD, in the last week, has taught our children that if you’re scared enough, you can pick and choose which laws or regulations or Supreme Court orders you want to follow,” he said.
After a private executive session to seek advice from an attorney, the board voted 6-2 to approve joining the lawsuit. Board members CJ Evans and Michael Ryan voted against joining the lawsuit. Board member Daphne Brookins abstained.
Board president Tobi Jackson said after discussions with their legal council, the board learned that they don’t have the ability to require masks and enforce other protective measures.
“The tools are not readily available” she said. “But this board has worked together tonight to determine what tools we have at our fingertips.”
Board member Anne Darr said she would support a mandate if given the opportunity.
“For every one email I received in favor of pro-choice, I received 17 emails pleading that we implement a mask mandate,” she said.
Evans said she voted against the item because she believes the La Joya lawsuit will affect Fort Worth whether the school district joins the suit or not, and she believes there could better use of district resources.
“I want to steward our resources to focus on what’s happening in Tarrant County,” she said.
The decision to join the lawsuit is the latest chapter in a series of legal battles between local officials and state orders over mask enforcement.
On July 29, Abbott issued an executive order banning local government agencies, including school districts, from enforcing mask mandates.
As COVID-19 cases and hospitalizations have increased, major urban counties and school districts have defied the governor’s order, leading to a number of lawsuits, temporary restraining orders and conflicting reversals.
During a board meeting last Tuesday, Superintendent Kent Scribner implemented a mask mandate for all students and employees, defying Abbott’s executive order.
On Friday, District Judge John Chupp granted a granted a temporary restraining order to block Scribner’s mandate after four Fort Worth parents filed a petition. A hearing is set for Aug. 26 when the judge will consider a preliminary injunction.
Parents seeking a mask mandate protested outside of Jackson’s home on Saturday urging her to call a board meeting to consider a face-covering requirement. The next day, the Fort Worth school board announced Tuesday’s special meeting.
Classes began Monday, with students and parents dealing with conflicting mask messages and some parents deciding not to send their children to school out of fear.
The city of Fort Worth and Tarrant County have declined to enact mask requirements.
This story was originally published August 17, 2021 at 10:57 PM.
