A judge said that the Texas ban on wearing masks violated the rights of students with disabilities. - New York Times

2021-11-26 09:55:10 By : Ms. Cherry Gu

A federal judge ruled on Wednesday that Texas Governor Greg Abbott's prohibition of wearing masks in Texas schools violated the rights of disabled students and issued their own mask rules for the state’s school districts. Clearing the way, this decision may affect more than five million students.

The ruling was made after months of politicized controversy over measures against the mask-wearing policy aimed at preventing the spread of Covid at the state level.

The lawsuit aims to overturn this authorization and was filed on behalf of several families of students with disabilities and the Texas Disability Rights Organization. They stated that the defendants—the state’s Attorney General Ken Paxton; the Texas Department of Education Director Mike Morath; and the Texas Department of Education—approved The removal of the mask requirement puts disabled students at risk.

The governor and some other state officials insist that preventing the virus is a personal responsibility.

Follow the ever-changing rules and recommendations about wearing masks, as well as the school's guidelines for wearing masks.

Judge Lee Yeakel ruled in a lawsuit filed in the U.S. District Court for the Western District of Texas, ruling that the governor’s order violated the Americans with Disabilities Act of 1990 because it put children with disabilities at risk.

The ruling also prohibits Mr. Paxton from implementing Mr. Abbott’s orders, who has repeatedly opposed Covid-related authorizations.

"The spread of Covid-19 poses a greater risk to children with special health needs," Judge Yecker said. "Children with certain underlying diseases and infected with Covid-19 are more likely to suffer severe acute biological effects and need to be admitted to hospitals and intensive care units in hospitals."

The state Supreme Court has repeatedly allowed the governor’s injunction to remain in effect, but the impact of the federal ruling on Wednesday may spread across the country in similar cases in other states.

Mr. Paxton responded to the ruling in a statement, stating that he disagrees and adding that his office "is considering all legal avenues to challenge this decision."

On Wednesday night, Mr. Abbott’s office did not immediately respond to a request for comment. Mr. Moras' office also did not immediately respond.

The lawsuit was first filed at the beginning of the fall semester in August. The Texas Disability Rights Association believes that school district leaders should decide whether to wear a mask based on the Covid transmission situation in their area and the needs of students.

Judge Yekel said the governor’s order excluded “children with disabilities and deprived them of the benefits of public school programs, services, and activities.”

Since Mr. Albert's order, several school districts have changed or cancelled their mask regulations.

According to court documents, Mr. Paxton wrote to the head of the school district, threatening that if they did not cancel the authorization to wear masks, they would take "his office to take legal action to enforce the governor's order and protect the rule of law." Documents show that on September 10, Mr. Paxton filed a lawsuit against six school districts.

The Justice Department expressed support for the lawsuit against the state in September and stated in an official statement that “even if the local school district provides them with the option of virtual learning,” the ban still violates the rights of students with disabilities.