A state appeals court ruled in favor of a temporary injunction issued in favor of Dallas County Judge Clay Jenkins regarding Governor Greg Abbott’s ban on mask mandates in Texas.
In August, state District Judge Tonya Parker ruled that Gov. Abbott’s ban on mask mandates limits Judge Jenkins’ leading of Dallas’s response to the COVID-19 pandemic.
Abbott’s office appealed to the Fifth Court of Appeals in Dallas. Last week, the state appeals court affirmed the district judge’s ruling.
While he also works on improving Dallas County’s vaccination rates, Jenkins has emphasized the importance of masking to curb the spread of COVID-19.
This put him at odds with Abbott and Texas Attorney General Ken Paxton, who have consistently expressed their views opposing masking requirements.
Abbott and Paxton believe that Texans “deserve the power of choice” about whether or not to wear them, the Dallas Morning News reported.
On July 29, Abbott issued an executive order prohibiting local government leaders from requiring residents to wear masks. While the order bans officials’ attempts to impose mask requirements on residents, it encourages residents in places with high COVID-19 transmissions to follow safety protocols such as wearing masks.
Since the order, Abbott has been embroiled in court battles with Texas counties, cities, and even schools.
In the appeals court hearing, Abbott’s office argued that Jenkins lacked the standing to sue the Governor, and his claims against Abbott were barred by sovereign immunity. His legal team also claimed that only the Texas Supreme Court had the power to enjoin the Governor, asking that the injunction made at Parker’s trial court be struck down as illegal.
The court said that the state failed to show the court evidence of how the injunction would hurt the state or get in the way of Abbott’s handling of the pandemic.
The court further pointed out that evidence brought forward by Jenkins’ legal team showed that a masking requirement was more effective than the voluntary wearing of masks in the fight against the spread of COVID-19.
On Monday after the ruling, Jenkins expressed gratitude in a written statement expressing thanks to his lawyers, who he said also represent “the interest of public health.”
The statement further stated, “I will continue to stand for your safety against any threat. The enemy should not be another elected official. This is Team Human vs. the Virus, and to protect life and our economy, we should all follow the science wherever it leads.”
