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Texas schools can require masks again after a judge overrules state's ban

RACHEL MARTIN, HOST:

A federal judge has blocked an order by the Texas governor that banned mask mandates in public schools. The judge said the governor's order puts children with disabilities at risk. NPR's John Burnett has the story.

JOHN BURNETT, BYLINE: The plaintiffs in this case are seven disabled children 12 years and under who are particularly vulnerable to COVID-19. Federal Judge Lee Yeakel in Austin ruled that banning masks in Texas schools violates the federal Americans with Disabilities Act of 1990. And he issued a permanent injunction against Governor Greg Abbott's order. He said the child plaintiffs are being denied the benefits of in-person learning. He also said the state government failed to present any evidence that requiring masks fundamentally alters educational programs. Kym Davis Rogers is one of the attorneys who sued Governor Abbott and the Texas Education Agency on behalf of Disability Rights Texas.

KYM DAVIS ROGERS: All of our plaintiffs have disabilities that put them at a higher risk for severe consequences from COVID. And the accommodations that provides them the most protection is the use of masks. But Governor Abbott's executive order prohibited schools from requiring the use of masks.

BURNETT: The judge pointed out that since in-person classes resumed this semester in Texas, more than 200,000 kids tested positive for COVID. And at least 45 school districts temporarily shut down. Texas Attorney General Ken Paxton had already sued 15 school districts that openly disobeyed Abbott's order. He argued that it's a parent's decision, not the schools, whether their child should be forced to wear a mask. Paxton tweeted last night that he strongly disagrees with the Yeakel's order barring him from suing any other schools. And his office is considering all legal avenues to challenge the decision. It's expected to be swiftly appealed to the conservative Fifth Circuit Court of Appeals. Again, Attorney Rogers.

ROGERS: But in the meantime, we have an injunction that allows school districts to implement the accommodations to protect students with disabilities.

BURNETT: Seven other states, mostly in the South and Southwest, have stopped school districts from requiring students to don face masks. Legal fights have broken out all over. So far, five other federal courts, like the judge in Austin, have found that prohibiting masking in schools violates the ADA. In Florida, a state appeals court found in favor of Governor Ron DeSantis' ban on school mask mandates. Meanwhile, the Biden administration has weighed in, with the Justice Department and the Education Department supporting lawsuits challenging bans on school mask requirements.

John Burnett, NPR News, Austin.

(SOUNDBITE OF OBERST AND BUCHNER'S "MOVING ROOMS") Transcript provided by NPR, Copyright NPR.

As NPR's Southwest correspondent based in Austin, Texas, John Burnett covers immigration, border affairs, Texas news and other national assignments. In 2018, 2019 and again in 2020, he won national Edward R. Murrow Awards from the Radio-Television News Directors Association for continuing coverage of the immigration beat. In 2020, Burnett along with other NPR journalists, were finalists for a duPont-Columbia Award for their coverage of the Trump Administration's Remain in Mexico program. In December 2018, Burnett was invited to participate in a workshop on Refugees, Immigration and Border Security in Western Europe, sponsored by the RIAS Berlin Commission.

The independent journalism and non-commercial programming you rely on every day is in danger.

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Now all of that is at risk.

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Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.

SOMOS CONNECTICUT is an initiative from Connecticut Public, the state’s local NPR and PBS station, to elevate Latino stories and expand programming that uplifts and informs our Latino communities. Visit CTPublic.org/latino for more stories and resources. For updates, sign up for the SOMOS CONNECTICUT newsletter at ctpublic.org/newsletters.

SOMOS CONNECTICUT es una iniciativa de Connecticut Public, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

The independent journalism and non-commercial programming you rely on every day is in danger.

If you’re reading this, you believe in trusted journalism and in learning without paywalls. You value access to educational content kids love and enriching cultural programming.

Now all of that is at risk.

Federal funding for public media is under threat and if it goes, the impact to our communities will be devastating.

Together, we can defend it. It’s time to protect what matters.

Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.