FORT BEND COUNTY, Texas — Face masks are once again optional in Fort Bend ISD.
The school district lifted its mandate following a ruling by the Texas Supreme Court. It released this statement Saturday:
“The District and its legal team have continued to monitor the ongoing lawsuits challenging Governor Abbott’s Executive Order GA-38, which prohibits local governments from having mask mandates. The state-wide temporary restraining orders issued by courts in Travis County restraining Governor Abbott from enforcing the parts of Executive Order GA-38 that bar mask mandates are no longer in place. While the lawsuits Challenging Executive Order GA-38 are not over, right now the provisions of Executive Order GA-38 that bar mask mandates are effective. In light of this legal development, at this time, the District is not requiring the wearing of masks.”
KHOU legal analyst Carmen Roe said the Texas Supreme Court ruling for Bexar County has made it clear that Gov. Greg Abbott’s executive order prohibiting mask mandates stands statewide.
“Most large jurisdictions have issued mask mandates in spite of the executive order. In every one of those jurisdictions, the local government authorities have approved it, then their district court has approved it, then their court of appeals has approved it. Ultimately the Texas Supreme Court has said, ‘No you can’t actually do that,'” Roe said.
Houston ISD’s mask mandate is still in place. A Travis County judge ruled in favor of the largest school district in Texas last week. Roe said the lawsuit will go through the same appeals process she described, which means HISD’s mask mandate will likely be struck down by the Texas Supreme Court.
Roe said the state Supreme Court’s ruling isn’t really about masks. It’s about whether Abbott or local officials have the authority to make the call.
“This is a politically divisive issue. A Republican governor issued the executive order. The Texas Supreme Court is an all-Republican court. Most people anticipate they’ll side with Governor Abbott. These schools will have to decide how to move forward based on that,” Roe said.
FBISD is complying with the law by strongly urging masks but no longer mandating them.
Roe said other jurisdictions may choose to ignore the court’s decision, just as they ignored the Governor’s executive order.