Confused about mask mandates? Keep track of what’s happening with this live timeline.
The tangle of Texas litigation surrounding mask mandates can be hard to keep up with.
Gov. Greg Abbott first ordered a ban on local governments enforcing mask mandates on July 29. As COVID-19 cases rose across the country and the first day of school loomed, counties and school districts pushed back on the order. The result is a tangle of legal battles that can easily become confusing.
Here are some FAQs to help untangle the mess.
What is a temporary restraining order?
Many have heard of a restraining order in which a person asks a judge to block another person from being near them. When applied to policies or orders, a restraining order is a way for someone, or some entity, to ask a judge to block a government order or policy temporarily pending further court hearings. For example, Dallas County asked a judge for a restraining order against Abbott’s order on masks. When a judge granted the county’s petition, the restraining order temporarily blocked Abbott’s order from applying in Dallas County.
However, Abbott then filed an appeal against the judge’s decision — basically asking another court to overturn the first decision and reinstate his executive order.
What counties are involved?
Several counties and school districts are at the core of the debate — some of them are Fort Worth ISD; Bexar County, which includes San Antonio ISD; Travis County, which includes Austin ISD; and Dallas County, which includes Dallas ISD. However, the legal decisions about those counties’ mask mandates can apply to more than just those counties.
What about school mask requirements?
To make matters more confusing, there can be a difference between mask mandates created by school districts and those created by county leadership. For example, Tarrant County does not have a mask mandate, and Tarrant County Judge Glen Whitley said that he had no plans to enact one.
But the Fort Worth school district can create a mask requirement for schools — in early August, Superintendent Kent Scribner did just that. But a few days later, District Judge John Chupp granted a petition by four Fort Worth parents to block Scribner’s mask-mandate order.
The Fort Worth school board later met to discuss the ongoing mask litigation. The board voted to join a La Joya school district lawsuit against Abbott over his executive order. The district later won an injunction against Abbott’s order in that case.
On Aug. 26, the Fort Worth board approved a resolution allowing Scribner to implement a mask mandate once he could legally do so.
Judge Chupp approved a temporary injunction blocking a Fort Worth ISD mask mandate on Sept. 3. But the district appealed his ruling to the Second Court of Appeals, which means the injunction is set aside while the appeal is pending.
On Sept. 9, the Fort Worth school district said the recent court actions have cleared the way for the district to implement a mask mandate beginning Sept. 13.
Still confused? That’s OK. We’ll help you track of what’s going on where with this timeline of the legal battles. The timeline will be updated as temporary restraining orders, court orders and other litigation goes on.
Timeline of mask mandates
- July 29: Gov. Greg Abbott passes executive order GA-38, which prohibits cities, counties, school districts and public health officials from requiring face masks to be worn indoors.
- Aug. 9: Dallas County Judge Clay Jenkins asks a judge for a temporary restraining order against Abbott’s executive order.
- Aug. 10: Dallas County District Court Judge Tonya Parker grants Jenkins’ temporary restraining order against Abbott’s order. The order allows Jenkins to issue a face covering requirement. A hearing in the case is set for Aug. 24 in Dallas County District Court.
- Aug. 10: Fort Worth ISD Superintendent Kent Scribner announces that Fort Worth schools will require face coverings.
- Aug. 11: Jenkins passes a mask mandate in Dallas County that requires face coverings in schools, child care centers and businesses.
- Aug. 11: Travis County officials pass an order requiring mask-wearing in public schools.
- Aug. 11: Abbott and Attorney General Ken Paxton announce they will go to court to block Dallas County’s mask mandate and ask the Fifth District Court of Appeals for an emergency stay and overturning of Parker’s decision that allowed Jenkins to move forward.
- Aug. 12: Jenkins passes an updated mask mandate policy in Dallas County that includes colleges.
- Aug. 13: The Fifth District Court of Appeals rules against Abbott’s request for an emergency stay of Parker’s order.
- Aug. 13: Four FWISD parents petition a Tarrant County judge to issue a restraining order against the FWISD mask requirement. The judge grants the petition, temporarily blocking the enforcement of the mask rule. A hearing is set for Aug. 26 when the judge will consider a preliminary injunction.
- Aug 15: The Texas Supreme Court blocks the restraining orders out of Dallas and Bexar Counties. The decision reverses the Fifth Court of Appeals ruling — the restraining orders that blocked Abbott’s mask-mandate ban are now blocked.
- Aug. 15: A ruling out of Travis County states the opposite of the Texas Supreme Court— a Travis County judge rules that Abbott and his agents cannot block mask mandates. The lawsuit’s plaintiff, The Southern Center for Child Advocacy, said in a Facebook post that the order is statewide. The Supreme Court ruling blocked Dallas and Bexar Counties, but did not apply to all Texas counties, the district court says.
- Aug. 16: In a hearing Monday in Bexar County, a state district court ruled that Bexar County can continue requiring masks while its case is litigated.
- Aug. 16: Jenkins issues a modified Dallas County order that he says is now in compliance with the Supreme Court’s order. It still requires masks in public schools, but removes fines for businesses. Jenkins also says Abbott’s order only applies to county orders, not school district orders.
- Aug. 16: Texas Attorney General’s office asks the Supreme Court to reverse the order out of Travis County, but the court declined, and Paxton must file challenges with the court separately.
- Aug. 16: El Paso County passes a county-wide mask mandate after suing Abbott’s office over the executive order.
- Aug. 17: At the Fort Worth school board’s special meeting, members discussed litigation from across the state related to requiring masks in schools as the delta variant of COVID-19 spreads
- Aug. 17: Abbott petitioned for a stay on the restraining order out of Travis County, asking the court to reinstate his executive order.
- Aug. 17: Disability Rights Texas filed a federal lawsuit challenging Abbott’s executive order banning mask mandates in schools. The group argues the order violates the Americans with Disabilities Act.
Aug. 17: The Fort Worth school board voted to join a La Joya school district lawsuit against Abbott over his executive order.
Aug. 26: The Fort Worth school board voted to authorize the superintendent to implement a mask mandate once the district was no longer barred by a court order.
Sept. 3: Tarrant County District Judge John Chupp granted a temporary injunction against a mask mandate in Fort Worth ISD.
Sept. 7: Fort Worth ISD appealed the temporary injunction to the Second Court of Appeals, putting the injunction on hold.
Sept. 9: Fort Worth ISD announced a mask mandate will take effect Monday, Sept. 13.
This story was originally published August 17, 2021 at 2:30 PM.
