Texas AG Ken Paxton sues 6 school districts to stop mask mandates

Texas Attorney General Ken Paxton said Friday he has filed lawsuits against six Texas school districts that have implemented mask mandates. (Nick Wagner/Austin American-Statesman/TNS)
Texas Attorney General Ken Paxton said Friday he has filed lawsuits against six Texas school districts that have implemented mask mandates. (Nick Wagner/Austin American-Statesman/TNS)

AUSTIN - Texas Attorney General Ken Paxton announced late Friday afternoon that he had filed lawsuits against six school districts, including Round Rock and Elgin, to overturn mask mandates for students, teachers and staff.

Paxton argued that Gov. Greg Abbott's executive order banning mandatory masks, issued July 29 under his emergency powers during a declared disaster over the pandemic, has the force and effect of state law.

School districts violate the law at their own risk, Paxton said.

At least 85 districts across Texas, however, are requiring face coverings to be worn indoors, heeding advice from public health officials who say universal masking limits the spread of coronavirus-laced respiratory droplets, particularly in locations like schools where crowding can be hard to avoid.

The Round Rock school board limited who can opt out of the district's mask-wearing mandate.

In addition, children under age 12 are not yet eligible to receive a COVID-19 vaccine, which health officials say offers the greatest protection from severe illness due to the highly contagious delta variant.

Paxton also is defending Abbott's ban on mask mandates in cases before, or heading toward, the Texas Supreme Court. The Austin district is among several dozen districts, cities and counties seeking a court order blocking Abbott's ban from being enforced.

The Texas Education Agency, which oversees the public education system, recently told schools that the mask provisions of Abbott's executive order are not being enforced while that litigation proceeds.

"Further guidance will be made available after the court issues are resolved," the agency said in guidance sent to schools on Sept. 2.

Paxton, however, said districts that impose mask requirements are "openly violating state law."

"If districts choose to spend their money on legal fees, they must do so knowing that my office is ready and willing to litigate these cases. I have full confidence that the courts will side with the law - not acts of political defiance," he said in a statement announcing the lawsuits.

In addition to the two Central Texas districts, Paxton also sued the Richardson, Galveston, Spring and Sherman districts.

Upcoming Events