A loophole in Texas’ anti-mask mandate law may have been revealed after a Fort Worth municipal court imposed facemask requirements.
As previously reported by The Dallas Express, Associate Judge Robert McDonald was exposed for mandating masks in his courtroom.
Sarah Fields, the president and director of advocacy for the Texas Freedom Coalition, pointed out on X that authorities do not have a meaningful mechanism by which to enforce the state law prohibiting such masking measures.
“Texas Senate Bill 29, which went into effect on September 1, 2023, banned COVID mask mandates, vaccination requirements, and municipal orders that had forced businesses to close. I have contacted AG Ken Paxton’s office and my fears were confirmed. Ken Paxton is currently trying to decide the best course of action, however[,] the statute, as is the case most often, prohibits mask mandates but FAILS to include an enforcement mechanism,” Fields posted.
“Bills MUST have a badge and a gun behind it or it is a useless, toothless bill. (And it has to specify if it goes to law enforcement or the attorney generals office),” she added.
SB 29 was criticized last year by Rep. Brian Harrison (R-Midlothian). He voted for the bill, calling it “fine,” but questioned how effective it would actually be.
“Is there a single COVID mandate that SB 29 will end? Probably not,” Harrison told The Texas Tribune. He also noted that private vaccine mandates were “alive and well in Texas” and the state “should be leading the fight against the COVID tyranny.”
The recent controversy over the Fort Worth court mask mandate stemmed from a recording that revealed that the judge expelled a defendant from proceedings for refusing to wear a mask.
“You either can walk out of here right now, or as many people as it takes, but they are going to take you out,” Fort Worth Municipal Court Judge Robert Neel McDonald told a defendant in the audio.
The defendant retorted, “Yeah, I’m not going to wear a mask. I’m not going to play this game.”
A sign outside the courtroom read, “MASK REQUIRED BEFORE ENTERING A COURTROOM.” A municipal court employee confirmed to DX that everyone entering McDonald’s courtroom was required to wear a facemask.
The mask requirement prompted Fort Worth Mayor Mattie Parker to take action.
“I’ve requested the signs come down — I was unaware they were even up. No masks are required in any City of Fort Worth buildings as it’s clearly prohibited by state law after the passage of SB29 (2023),” Parker tweeted on Friday.