By Dominic Taylor-
Texas Attorney General Ken Paxton on Thursday sued local officials in the state’s capital city for their decision to keep mask mandates in place despite a statewide order from the governor that lifted mask rules.
Texas Governor Greg Abbott, who said on Twitter that masks are “still strongly recommended along with other safe practices.”
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In a previous lawsuit brought by Paxton’s office, the Texas Supreme Court blocked the city and county from limiting inside dining at restaurants around the New Year’s Eve holiday. Paxton said that case and a previous state appeals court ruling against business restrictions in El Paso in the complaint filed Thursday.
In the new lawsuit, Texas asked the court to quickly block the local mask rules in Austin and Travis County.
“Defendants insist that they will continue enforcing their business and facemask requirements despite the fact that GA-34 nullified these provisions,” the lawsuit read, referring to the governor’s order. “Defendants know this is wrong.”
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State Attorney General Ken Paxton is asking for a temporary restraining order requiring Austin and Travis County officials to refrain from enforcing their mask rules.
In a statement, Austin Mayor Steve Adler suggested he would fight the lawsuit.
“Judge Brown and I will fight to defend and enforce our local health officials’ rules for as long as possible using all the power and tools available to us,” Adler said. “We promised to be guided by the doctors, science and data as concerns the pandemic and we do everything we can to keep that promise.”
Texas Governor Greg Abbott, who said on Twitter that masks are “still strongly recommended along with other safe practices.”
Under Abbott’s latest executive order lifting the state’s months-long mask mandate, which went into effect Wednesday, county-level leaders can only keep certain public health restrictions in place if regional Covid-19 hospitalizations rise above a certain threshold – 15% of total hospital capacity for seven straight days.
Still, the officials in Austin and Travis County have argued that they can legally maintain local mask rules through directives from the area’s top public health official, as opposed to directives from the mayor or county executive.
“The health authority, Dr. Mark Escott…he is able to declare that businesses will be a health nuisance if they do not require people to wear masks,” Brown said in an interview with a local TV news station.
The lawsuit aside, it’s not clear how – or whether – authorities will actually enforce the local mask rules.
In a video posted to Facebook Wednesday, Adler said violators could be charged with a Class C misdemeanor, though he acknowledged that enforcement would likely be slim, as it has been throughout the pandemic.
“We can’t enforce our way to compliance,” the mayor said. “It’s got to be something that we want to do, it has to be part of our culture.”
Abbott’s move to fully reopen Texas and lift the state’s mask mandate has been met with skepticism from many local officials, business owners and public health experts, though some influential business and restaurant groups have praised the move.
“Once again, the governor is striking the right balance by removing the heavy hand of government and allowing businesses to operate as they see fit,” Glenn Hammer, CEO of the Texas Association of Business, said in a statement released by Abbott’s office.
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