November 12, 2021: Federal judge ruling nixes Gov’s ban on mask mandates; Abbott directs TEA to investigate porn in schools
Publish Date: November 13, 2021 9:10 am Author: Texas AFT
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Federal judge overrules governor’s ban on mask mandates, freeing districts to implement local safety measures
A federal district judge has ruled that Gov. Greg Abbott’s ban on schools enacting mask mandates violates the Americans with Disabilities Act and can not be enforced—a decision that frees schools to develop local rules on masks. U.S. District Judge Lee Yeakel said the governor’s order impeded students with disabilities, including those that put them at greater health risk, from access to the classes and services they are legally entitled to under ADA.
“Today’s federal court ruling allowing a mask mandate in schools affirms that we should be able to respond in the pandemic with the right measures for what we are facing locally, regardless of misguided blanket orders from the governor,” said Texas AFT president Zeph Capo in a statement. The Wednesday ruling is likely to be appealed by the state.
Many districts had defied the governor’s executive orders, with some facing lawsuits against their mask mandates from Attorney General Ken Paxton. Yeakel’s ruling also prohibits Paxton from trying to enforce the governor’s order with lawsuits or other actions.
The letter follows a letter the governor sent last week directing TEA, the Library and Archives Commission, and the State Board of Education to develop standards for school books and materials to ensure they are not pornographic. Both directives follow an initial attempt at an investigation by Rep. Matt Krause (R-Fort Worth), which included inquiries into 850 books on topics covering sex, gender, and race.
While TEA does not have law enforcement staff, it does have investigatory powers and staff—usually looking into possible financial mismanagement in districts. However, Abbott seemed to indicate any actual criminal activity would be referred to law enforcement entities. “During this investigation, I ask the agency to refer any instance of pornography being provided to minors under the age of 18 for prosecution to the fullest extent of the law,” he wrote.
While the governor assuredly is penning letters to try and score political points with ultra-conservative voters, the latest directive is cause for concern in a time where book burnings seem more present than past. TEA has not offered any formal responses to the directive, and Texas AFT will be monitoring the issue. You can read more on the latest political stunts around book investigations in the October 29 and November 5 Hotlines.
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