Another Texas judge temporarily blocks Gov. Abbott's order banning local governments from mandating masks

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Another Texas judge on Friday blocked Gov. Greg Abbott's order banning local governments and schools from issuing mask mandates.

Travis County Judge Andy Brown, who signed Austin Mayor Steve Adler's mask mandate, on Friday announced that he had blocked the governor's executive order.

"Now, district judges in Dallas & Travis Counties have upheld the right of local leaders to protect the safety of our kids & community," he tweeted. "The Governor's order to prevent counties, cities, & schools from protecting our children has been blocked."

Brown said in a statement to KEYE, a local CBS station, that Abbott's executive order "is overreaching and limits the ability of local elected officials and health authorities to serve their constituents."

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This is why I issued additional orders early on protecting our school children and our workforce. It is my hope that the Governor understands that my fight is against COVID-19 and not against him," he said. "As I noted the other day, his threats of legal action are nothing compared to the threat of children getting sick and dying. Now is the time for state and local elected officials to work with one another to take the necessary steps as guided by science and local needs."

Similarly, on Tuesday, A Dallas district judge upheld County Judge Clay Jenkins' request for a temporary restraining order against Abbott's executive order. 

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Jenkins on Wednesday signed an executive order mandating all schools, childcare centers and businesses in the county to require face coverings after a district judge granted him temporary powers to supersede a previous order by the governor.

The governor vowed later on Wednesday to take any "school district, public university, or local government official" defying his executive order "to court."

"Under executive order GA-38, no government entity can require or mandate the wearing of masks," Abbott said in a statement. "The path forward relies on personal responsibility — not government mandates. The State of Texas will continue to vigorously fight the temporary restraining order to protect the rights and freedoms of all Texans."

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Abbott and Attorney General Ken Paxton went on to criticize "attention-grabbing judges and mayors" who "have defied executive orders before, when the pandemic first started, and the courts ruled on our side – the law."

Travis and Dallas Counties have recorded spikes in COVID-19 cases in recent weeks. Travis County, which is currently in "Stage 5," meaning there is a high risk of COVID-19 transmission in the area, counted more than 650 new positive cases on Friday. Dallas County also has a high risk of transmission and reported 915 additional positive cases on Friday. More than 50% of the residents in both counties are fully vaccinated.