Federal judge overrules Texas Gov. Greg Abbott's ban on school mask mandates

A federal judge ruled on Wednesday that the executive order imposed by Texas Gov. Greg Abbott (R) banning mask mandates in schools violates the Americans with Disabilities Act, giving local officials the ability to set their own policies on face coverings.
Disability Rights Texas filed the lawsuit against Abbott, Texas Attorney General Ken Paxton, and Texas Education Agency Commissioner Mike Morath in August, saying the order denied kids with disabilities, who are at a higher risk of illness and death from the virus, access to public education. U.S. District Judge Lee Yeakel agreed, saying on Wednesday that the order keeps children with disabilities from getting the programs, services, and activities at public schools they are entitled to receive.
"The spread of COVID-19 poses an even greater risk for children with special health needs," Yeakel said. "Children with certain underlying conditions who contract COVID-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital's intensive care unit."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In a statement, Disability Rights Texas litigation attorney Kym Davis Rogers said the ruling shows Texas isn't above federal law. "No student should be forced to make the choice of forfeiting their education or risking their health, and now they won't have to," Rogers added.
A recent University of Texas/Texas Tribune poll found that 57 percent of voters in the state are in favor of mask requirements in indoor public spaces depending on local COVID conditions, and 58 percent support mask requirements for public school students and staff.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
The Week Unwrapped: Why are sinkholes becoming more common?
Podcast Plus, will Saudi investment help create the "Netflix of sport"? And why has New Zealand's new tourism campaign met with a savage reception?
By The Week UK Published
-
How Poland became Europe's military power
The Explainer Warsaw has made its armed forces a priority as it looks to protect its borders and stay close to the US
By Elizabeth Carr-Ellis, The Week UK Published
-
Quiz of The Week: 15 - 21 February
Have you been paying attention to The Week's news?
By The Week Staff Published
-
Ozempic can curb alcohol cravings, study finds
Speed read Weight loss drugs like Ozempic and Wegovy may also be helpful in limiting alcohol consumption
By Peter Weber, The Week US Published
-
New form of H5N1 bird flu found in US dairy cows
Speed Read This new form of bird flu is different from the version that spread through herds in the last year
By Peter Weber, The Week US Published
-
Microplastics accumulating in human brains, study finds
Speed Read The amount of tiny plastic particles found in human brains increased dramatically from 2016 to 2024
By Peter Weber, The Week US Published
-
FDA approves painkiller said to thwart addiction
Speed Read Suzetrigine, being sold as Journavx, is the first new pharmaceutical pain treatment approved by the FDA in 20 years
By Rafi Schwartz, The Week US Published
-
Study finds possible alternative abortion pill
Speed Read An emergency contraception (morning-after) pill called Ella could be an alternative to mifepristone for abortions
By Peter Weber, The Week US Published
-
HMPV is spreading in China but there's no need to worry
The Explainer Respiratory illness is common in winter
By Devika Rao, The Week US Published
-
Marty Makary: the medical contrarian who will lead the FDA
In the Spotlight What Johns Hopkins surgeon and commentator Marty Makary will bring to the FDA
By David Faris Published
-
California declares bird flu emergency
Speed Read The emergency came hours after the nation's first person with severe bird flu infection was hospitalized
By Rafi Schwartz, The Week US Published