Federal judge BLOCKS Gov. Abbott's mask mandate ban in Texas schools because it violates protections for disabled kids

 A judge ordered a halt to the mask mandate ban in Texas schools on Wednesday, ruling that Governor Greg Abbott's executive order violated the federal law protecting disabled children.

US District Judge Lee Yeakel wrote in the ruling that the ban violated the Americans with Disabilities Act, which has allowed state school districts to decide if they want to impose a mandate.

The nonprofit Disabled Rights Texas argued that Abbott's July order had prohibited accommodations for disabled children that were particularly vulnerable to COVID-19. 

The ruling also prohibited Texas Attorney General Ken Paxton from suing school districts that require students to wear masks as a safety measure.

Paxton already had sued 15 school districts to overturn those local mask mandates. 

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A judge ordered a halt to Governor Greg Abbott's mask mandate ban on Wednesday as they claimed it violated a federal law protecting disabled children

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Judge Lee Yeakel wrote in a 29-page ruling that the ban had violated the Americans with Disabilities Act that allowed school districts to decide if they wanted a mandate or not. Students are seen wearing masks as they enter Holland Elementary School in Dallas on August 2

Nonprofit advocacy group Disability Rights Texas and other families with students that had disabilities filed an August lawsuit as the mandate had prohibited accommodations for disabled students that were susceptible to COVID

'The spread of COVID-19 poses an even greater risk for children with special health needs,' Yeakel said in the 29-page ruling.

'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.'  

Yeakel also added that the order violated the U.S. Rehabilitation Act of 1973, which prevents discrimination against disabled people, and the American Rescue Plan Act, which was signed this year to help with economic and health recovery related to COVID.

The new rescue plan supplied $121 billion to help schools return safely with $11 billion given to Texas schools for health and safety needs.       

'It cannot be more clear that Congress intends that the local school district receiving ARP Act funds be the ultimate decider of the requirements of the safe return to in-person instruction of students,' Yeakel wrote.

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The ruling also prohibited Texas Attorney General Ken Paxton from suing school districts that required students to wear masks

A lawsuit was filed in August by families of students with disabilities and Disability Rights Texas.

'Governor Abbott´s executive order clearly violates federal law, and Attorney General Paxton´s enforcement of the order against school districts is now stopped,' Kym Davis Johnson of Disability Rights Texas said in a statement. 

'As the court found, Texas is not above federal law, and state officials cannot prevent school districts from providing accommodations to students who are especially vulnerable to the risks of COVID-19.

'We are thankful that school districts can now take the steps necessary to protect these students. 

'No student should be forced to make the choice of forfeiting their education or risking their health, and now they won’t have to.'

Dallas lawyer Tom Melsheimer, who represented the students and families, was also ecstatic about the ruling.

'Going forward, school districts all over the state will be free to follow sound medical science and common sense to protect the most vulnerable among us. Who can reasonably object to such a result?' Melsheimer told the Austin-American Statesman.

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U.S. District Judge Lee Yeakel also added that the order violated the U.S. Rehabilitation Act of 1973, which prevents discrimination against disabled people, and the American Rescue Plan Act, which was signed this year to help with economic and health recovery related to COVID

After the Wednesday ruling, Paxton had tweeted that he disagreed with the outcome.

'My Agency is considering all legal avenues to challenge this decision,' Paxton said. 

The Department of Justice had also filed a statement of interest for the case in September.

'The serious adverse consequences on students with certain disabilities is readily foreseeable,' the department wrote.

'Some parents of children at heightened COVID-19 risk will likely keep their children at home—even though the children could safely attend school if mask protocols could be put in place.'    

According to a poll from the University of Texas/Texas Tribune, data showed that 57 percent of voters supported mask requirements in indoor spaces and 58 percent supported requirements for students and staff in public schools.

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Texas children between the ages of 5 to 11 will now be able to receive their first vaccination shots after the CDC approved the use of Pfizer for emergency situations

In addition, 40 percent opposed the requirements for indoor public places and 39 percent opposed the requirements in schools.   

Texas children between the ages of 5 to 11 will also be receiving their first COVID vaccination shots after the CDC approved the use of Pfizer for emergency situations for that particular age group. 

Abbott had signed the executive order in late July to prevent masks and COVID-vaccination mandates.

He announced the order hours after President Biden had called on more states to incentivize the vaccine.  

'Today's executive order will provide clarity and uniformity in the Lone Star State's continued fight against COVID-19,' Abbott said.

'The new Executive Order emphasizes that the path forward relies on personal responsibility rather than government mandates.