Judge Lee Yeakel of U.S. District Court for the Western District of
Texas ruled the governor's order violated the Americans with
Disabilities Act, a landmark 1990 federal law that includes
protections for students with special needs. In his ruling, Yeakel
said the executive order put children with disabilities at risk.
"The spread of COVID-19 poses an even greater risk for children with
special health needs," the judge said in the order. "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."
Texas Attorney General Ken Paxton said he "strongly disagreed" with
the ruling.
"My agency is considering all legal avenues to challenge this
decision," Paxton said on Twitter.
The issue of mandates to curb the pandemic has become politicized in
much of the United States. Supporters of mandates say they are
needed to fight the COVID-19 pandemic, and opponents argue they curb
individual liberty.
[to top of second column] |
Some school districts in
conservative states where governors have
forbidden mask mandates are ignoring the bans,
but others feel compelled to enforce them. In
Texas, numerous districts including those in
Dallas, Houston, and San Antonio, have flouted
the ban since it was first announced in May, but
others came into compliance amid state pressure
including a public list published by Paxton's
office.
In his order, Yeakel said the state could not
enforce its ban on mask requirements in school,
and also could not levy fines or withhold funds
from districts that impose mask-wearing. The order was challenged by disability rights
activists on behalf of several Texas students
with special needs.
(Reporting by Kanishka Singh in Bengaluru and
Sharon Bernstein in Sacramento; Editing by Tom
Hogue and Raju Gopalakrishnan)
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