Gov. Abbott prohibits governments from mandating face masks

(The Center Square) – Gov. Greg Abbott on Tuesday issued his third executive order on facial coverings, this time prohibiting government entities from mandating that Texans wear them. The reversal comes nearly one year after he issued his first executive order requiring all Texans to wear facial coverings, with some exceptions.

On July 2, 2020, Abbott ordered all Texans to wear facial coverings in public in most counties. First time violators were to be issued a warning, and repeat offenders were to be fined up to $250. On March 2, 2021, Abbott rescinded the mask mandate when he ended the statewide shutdown and fully reopened the state.

Under the latest order, effective immediately, no county government, city government, school district, public health authority or government official can require anyone to wear a mask, with the exception of school districts and several other entities.

Shortly after Abbott issued the first mask mandate, he was sued by several plaintiffs represented by Houston-based attorney Jared Woodfill. Woodfill maintained that Abbott’s orders changing laws without any input from the legislature were unconstitutional and fell outside of the scope of the 1975 Texas Disaster Act.

Last year, Woodfill called on the legislature “to remove Abbott’s unlimited power and amend the Texas Disaster Act. We cannot allow Abbott or any other elected official to act as a king. Despite pleas from his constituents and other legislators, Abbott continues to ignore the Constitution and go at it alone.”

Although Abbott’s July 2 mask mandate included exceptions for children under age 10, people who have medical conditions that prevent them from wearing a mask, and those who are eating and drinking or exercising outdoors, most public and private entities in Texas ignored the exceptions and required everyone to wear facial coverings or be denied service.

According to Abbott’s new order, once the school year is over, as of June 4, no student, teacher, parent or other staff member or visitor can require anyone to wear a mask while on campus, unless he changes the policy by issuing another order.

Until June 4, students will continue to be required to wear masks in public schools that require it, at all ages.

The new order also states that Texans cannot be required to wear a mask in buildings or properties that receive government funds. Now, instead of those who don’t wear masks facing fines, government officials who impose mask mandates will.

Beginning May 21, local governments or officials who attempt to impose a mask mandate or impose a limitation inconsistent or conflicting with the governor’s order can be fined up to $1,000, according to the order.

The reversal of the facial covering mandate, Abbott says, is because “the Lone Star State continues to defeat COVID-19 through the use of widely-available vaccines, antibody therapeutic drugs, and safe practices utilized by Texans in our communities.”

Reversing course from his previous statements, Abbott now argues that “Texans, not government, should decide their best health practices, which is why masks will not be mandated by public school districts or government entities. We can continue to mitigate COVID-19 while defending Texans’ liberty to choose whether or not they mask up.”

In March 2020, Gov. Abbott said that he was making his decisions based on the expertise of some medical experts and health advisors. He then, via executive order, shut down the state with no input from the legislature. He also ignored calls to hold a special session by state legislators asking him to do so.

Abbott’s initial March shutdown order designated some businesses as essential and some as nonessential, including houses of worship. Many deemed nonessential went out of business. Many required to operate at reduced capacities for nearly a year also went out of business. More than 8 million unemployment claims have been filed with the state since March 2020.

While small businesses, bars and restaurants remained closed under Abbott’s order, big box stores remained open.

Those exempt from the new executive order include state-funded living centers, government-owned or operated hospitals, Texas Department of Criminal Justice facilities, Texas Juvenile Justice Department facilities, and county and municipal jails.

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