Harris County wins court order blocking Abbott’s ban on COVID-19 restrictions

A judge in Travis County on Friday granted Harris County a temporary restraining order, blocking Gov. Greg Abbott’s ban on local COVID-19 restrictions. The decision by Judge Jan Soifer of the 345th Civil District Court provides legal cover for the county health department, which Thursday issued a mask mandate for schools and day care centers at the direction of County Judge Lina Hidalgo. “While this decision is temporary, it’s a victory for residents in Harris County who are concerned about this public health crisis,” County Attorney Christian Menefee said in a statement. “We need every tool at our disposal to stop the spread of COVID-19, including masks and other measures that are proven to slow the spread.” A handful of area school districts, including the Houston, Spring, Aldine, Galena Park and Galveston Independent School Districts, have issued mask mandates. Others said they were waiting to see how the legal battles between the state and local officials are resolved. Abbott on July 29 issue an executive order prohibiting local officials from issuing their own pandemic-related restrictions, such as mask or vaccine mandates. With COVID-19 cases and hospitalizations surging in the Houston region for the fourth time, Democratic Harris County officials Tuesday gave Menefee the green light to file a suit. Public health officials believe additional rules are again needed to curb the spread of the virus. The Houston region Friday surpassed 3,400 COVID-19 hospitalizations, passing the peak of January surge. The region is on pace to set a pandemic record for hospitalizations within a week. Hidalgo on Aug. 5 moved the county to its highest pandemic threat level, which urges unvaccinated residents to stay home and avoid unnecessary contact with others. She said masks are particularly important in schools because children under 12 cannot yet be vaccinated, which health officials agree is the best defense against COVID-19. Harris County’s order also requires schools to notify parents when a student comes into contact with someone who tests positive for the virus; the Texas Education Agency advises but does not mandate this. “At this point, public health interventions like masking, contact tracing and notifications in schools remain (children’s) only protection against the virus,” Hidalgo wrote in a letter to superintendents Tuesday. - Memorial Hermann had a pandemic plan, but COVID threw it out the window, CEO says in Q&A - Houston hospitals begin giving Pfizer COVID-19 vaccine boosters to kids ages 5 to 11 - Dr. Peter Hotez warns of nation’s hidden COVID wave that’s ‘almost like omicron’ - Houston’s COVID-19 trends are harder to track after rise in at-home tests, end of public dashboard - Texas Medical Center ending weekly COVID-19 data updates, even as cases rise in Houston In his lawsuit, Menefee said the governor had exceeded the authority given to him by the Texas Disaster Act of 1975, which, he argued, allows Abbott to suspend laws only in certain circumstances. Abbott and Attorney General Ken Paxton, who was also named in the suit, are almost certain to appeal. The pair pledged in a joint statement Wednesday to sue any “school district, public university or local government official” who violates the governor’s executive order. Randall Erben, a professor of the University of Texas School of Law, said Abbott has broad powers under the Disaster Act. This situation is unique, said Southern Methodist University law professor Nathan Cortez, because the governor is attempting to limit, rather than enhance, the government’s response to a disaster. The Texas Supreme Court likely will settle the issue statewide, the legal scholars said. A number of the state’s largest public school districts, including those in San Antonio and Austin, have issued mask mandates of their own. A judge in Tarrant County judge on Friday struck down Fort Worth ISD’s mask rule after four parents of district students challenged the requirement, the Fort Worth Star-Telegram reported. The same day, state appeals courts upheld mask mandates issued in San Antonio and Dallas. Some school districts in Harris County, including the Spring Branch, Clear Creek and Humble ISDs, have said they will not follow the health department’s order. zach.despart@chron.com

Harris County wins court order blocking Abbott’s ban on COVID-19 restrictions

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