A state district judge has ruled that Gov. Greg Abbott’s ban on mask orders violates Dallas County Judge Clay Jenkins’ ability to manage the COVID-19 pandemic.
Judge Tonya Parker’s decision to issue a temporary injunction probably will be appealed — first to the Fifth Court of Appeals in Dallas and later to the Texas Supreme Court — before a final ruling is made in the case.
Despite the statewide political implications of the decision, Jenkins said at a news conference Wednesday that he didn’t see it as a policy victory against Abbott, but a win for public health. As the county’s chief administrator, Jenkins leads the area’s emergency response to the pandemic.
“It’s a victory for humans who live in Dallas County against the virus,” Jenkins said. “I hope we’ll all take off our red hat and our blue hat and put on our human hat and listen to doctors.”
Abbott and Texas Attorney General Ken Paxton have been adamant about fighting such masking requirements, calling on Texans to exercise personal responsibility and wear masks — which they agree are critical in fighting the ongoing pandemic.
“Governor Abbott’s resolve to protect the rights and freedoms of all Texans has not wavered,” Renae Eze, Abbott’s spokeswoman, said in an email Wednesday. “The Office of the Attorney General has successfully defended the Governor’s executive orders in the past, and we are confident they will do so again.”
The debate on whether local officials can require masks — or if the governor has the authority to ban such requirements — spread statewide after the Dallas case was filed. Dallas County Commissioner J.J. Koch initially sued Jenkins over a mask mandate at the court’s meetings. Jenkins then sued Abbott over an executive order that bans mandates.
A first round of hearings resulted in a temporary restraining order issued by Parker that was stayed by the state Supreme Court. Now, the temporary injunction will follow a similar path alongside another injunction from Bexar County and San Antonio.
In the meantime, Abbott’s statewide ban on mask mandates cannot be enforced in Dallas County, allowing Jenkins to issue penalties for failing to comply with his own order requiring masks in businesses, schools and county-owned buildings.
Public health experts who testified at a hearing on the temporary injunction Tuesday said there’s a difference between personal health choices and public health ones. They likened it to smoking bans to limit secondhand smoke, where the needs of the community outweigh the personal choice to smoke.
Dr. Edward Septimus, a public health expert who works at Harvard Medical School and the Texas A&M College of Medicine, said Wednesday that government mandates in particular are necessary, as opposed to voluntary compliance from individuals.
“It’s the most immediate thing we can do,” Septimus said. “We realize through history that for us to get the level of masking and participation — it will take more than cajoling.”
Jenkins’ order signed earlier this month initially included up to a $1,000 fine for businesses that failed to require masks. That penalty was removed — although the order remains in place — after the Texas Supreme Court’s ruling. Jenkins said Wednesday he was considering amending his order once again but did not say when or how it would change.
“I’m a big believer in personal responsibility, but also in the limits of personal responsibility,” Jenkins said. “It’s a minor inconvenience to save your life and the lives of people around you.”
Twitter: @cscudder