Mask mandate prohibited once again in Fort Worth schools after parents’ motion granted
Mask mandates are once again prohibited in the Fort Worth school district after a temporary injunction was reinstated Monday by an appeals court.
The Court of Appeals for the Second Appellate District of Texas ruled Monday afternoon that the district cannot legally enforce a mask requirement to prevent the spread of COVID-19 while a lawsuit makes its way through the courts.
After the Fort Worth ISD superintendent issued a mask mandate for schools in August, four parents of Fort Worth students sued the school district to try to prevent enforcement of the requirement. A Tarrant County district judge granted a temporary injunction to the parents.
But the school district filed an appeal with the Second Court of Appeals, and as a result, the temporary injunction was paused, and the district said it would begin requiring masks on Monday.
The parents filed another motion on Friday and asked the appeals court for the injunction to resume. On Monday afternoon, the Court of Appeals granted that motion.
The court order on Monday came halfway through the first day of school in which masks were required.
The Fort Worth school district said in a statement Monday afternoon that it will stop enforcement of the mask requirement immediately due to the Court of Appeals’ decision.
“The District and the Board stand firm in strongly encouraging all students and employees to wear a mask while inside any Fort Worth ISD school or facility,” the statement said.
Attorney Warren Norred represents the four parents who filed the suit against the district. He believes the court will ultimately rule against the school district’s mask mandate, citing the Texas Supreme Court’s decision on Aug. 26 to temporarily halt a mask mandate in Bexar County schools. The Texas Supreme Court has not yet ruled on whether the injunction will remain as the case makes its way through the courts.
According to Monday’s order, the Second Court of Appeals used the Bexar County case as an indicator for how to proceed in Fort Worth. The court said the Texas Supreme Court “has made it clear that the Governor’s authority to make face-covering decisions is the status quo” and the status-quo should be preserved amid the ongoing legal controversies in the state.
Gov. Greg Abbott’s GA-38 executive order, passed July 29, ruled no government entity can require masks, including school districts.
Fort Worth Board of Education trustees approved a resolution at a special board meeting on Aug. 26 authorizing Superintendent Kent Scribner to implement a mask requirement once he could legally do so, which led to the mandate that was briefly in effect Monday.
Norred said district trustees were “abusing their position of power” by allowing the mandate and that face masks hamper students’ learning.
“We have real damage being done,” he said. “And then of course you have a school district that is flouting state law.”
Texas Attorney General Ken Paxton called the ruling “a win for the rule of law,” in a tweet on Monday.
“This ruling today restricts #FWISD from imposing their unlawful mask mandates,” the tweet said. “The decision to enforce mask mandates lies w/the governor’s legislatively-granted authority. I will continue to safeguard the rule of law in #Texas.”
The lawsuit will continue to make its way through the appeals process as both sides argue their case. The process could take several months.
Alex Vorse, a parent who has organized protests in favor of mask mandates, wrote an email Monday urging people to submit public comments or attend Tuesday’s school board work session, which is scheduled for 5:30 p.m. Comments by email must be submitted by noon Tuesday to amanda.coleman@fwisd.org.
“Since school began four weeks ago, more than 2,000 FWISD students, teachers and staff tested positive for COVID and over 10,000 have quarantined,” Vorse wrote. “This is not a ‘new normal.’ This is a public health emergency. And it’s an embarrassment for our city.”
Vorse suggested reopening registration for virtual learning and making it available to all families.
“Regardless of masks, there are still so many common-sense safety measures that are not required or enforced at FWISD schools,” he wrote. “What’s stopping them from enforcing social distancing, regular handwashing, outdoor lunch options, staggered dismissal, screening, testing, etc?”
This story was originally published September 13, 2021 at 12:45 PM.
