Judge temporarily stops Governor's mask order for local requirements

AUSTIN, Texas — A Travis County judge ruled Friday afternoon to temporarily block Governor Abbott's executive order that bans local governments and school districts from requiring masks.

“I am going to grant the temporary restraining orders that have been requested,” said Judge San Soifer, 345th Judicial District Court.

The temporary restraining order is in place until the two sides can meet again in about ten days.

Travis County Judge Andy Brown, who signed a county mask order with Mayor Steve Adler, said Friday after the ruling that the decision will help county leaders protect their communities.

Judge Brown released the following statement Friday evening regarding the temporary restraining order:

“Today’s ruling by another District Judge reaffirms the position Travis County has taken all along – GA-38 is overreaching and limits the ability of local elected officials and health authorities to serve their constituents. This is why I issued additional orders early on protecting our school children and our workforce. It is my hope that the Governor understands that my fight is against COVID-19 and not against him. As I noted the other day, his threats of legal action are nothing compared to the threat of children getting sick and dying. Now is the time for state and local elected officials to work with one another to take the necessary steps as guided by science and local needs. I ask the Governor to join me in this fight against COVID-19.”

“I am excited and pleased that the courts across the state are finding that local elected officials, local school boards, local health authorities are able to do what it takes to keep people safe," said Mayor Steve Adler.

The pause in the Governor's mask order does apply to schools in Travis County -- parents from Manor ISD, Pflugerville ISD, and Eanes ISD were part of a lawsuit filed Friday. Despite the judge's ruling, no school district has yet changed its mask policy. All three districts as of Friday afternoon are still recommending masks, not requiring them.

Those parents joined a lawsuit filed by several school districts in the Rio Grande Valley asking a judge to decide if districts can require masks in their school districts, despite the Governor's order.

Harris County and the Houston Independent School District initially filed the lawsuit in Travis County, and Travis County Judge Jan Soifer merged the suits into one hearing Friday afternoon.

RELATED: Gov. Greg Abbott's office responds to mask mandates by school districts

Governor Abbott signed his executive order prohibiting Government entities, including school districts, from mandating masks.

Attorneys for the plaintiffs in today's hearing argued that the Governor's order was before COVID-19 cases had gone up causing limited ICU capacity.

Governor Abbott has stood by his executive order saying it is up to individuals to choose to wear a mask.