Texas Attorney General Ken Paxton and city of Denton in court over mask mandate
Denton officials and Texas Attorney General Ken Paxton are in a court battle over the city’s mask mandate.
Both sides are suing one another with Paxton alleging that Denton is violating Gov. Greg Abbott’s executive orders prohibiting governmental entities from issuing mask mandates, and the city of Denton stating that the City Council has a responsibility to protect people who visit city buildings.
On Wednesday, Paxton sued the city after sending a letter demanding that Denton rescind its mask mandate, according to a news release.
“No one is above the law. No one,” Paxton said in the release. “This sheepish attempt at defiance will be handled swiftly. The only ones who suffer in this repeated political theater are the great people of Texas. They deserve better.”
The state’s lawsuit calls for an expedited hearing on a request for a temporary injunction and a temporary restraining order.
The suit stated that the governor is the leader during a statewide emergency, not a “patchwork” of city councils, county judges and superintendents. The governor’s executive order has the same effect as state law, according to the lawsuit.
Denton spokesperson Stewart Birdseye said the city is “aware of Paxton’s lawsuit.”
Denton filed its suit against Paxton on Tuesday in Travis County, according to the Denton Record Chronicle, after receiving a letter from the attorney general advising the city that its mandate violates the governor’s executive orders.
The suit was filed in order to “preserve” Denton’s authority to have city employees, visitors and contractors wear masks while inside city buildings during Denton’s COVID-19 emergency declaration.
On Jan. 25, the city council voted to issue an order requiring city employees, visitors and contractors to wear masks at city buildings. The order is in effect through March 31.