Off the Kuff Rotating Header Image

Austin ISD

Appeals court upholds school district mask mandates

Maybe not the most timely ruling ever, but still nice.

An appellate court on Thursday sided with Texas school districts in their dispute with state officials over mask mandates, which numerous school systems have already lifted as pandemic conditions have eased.

The state’s the 3rd Court of Appeals affirmed a trial court’s orders that granted school districts temporary injunctive relief from the enforcement of an executive order from Gov. Greg Abbott prohibiting mask mandates.

In its opinion Thursday, the appellate court pointed to its opinion in a similar challenge involving Harris County. In that case, the court considered whether a disaster act gave the governor the authority to stop local government entities from implementing COVID-19 safety measures viewed by the governor as “more restrictive than necessary,” according to the opinion.

“For the reasons previously set forth in our opinion in Harris County, we again conclude that the Governor does not possess absolute authority under the Texas Disaster Act to preempt orders issued by governmental entities and officials,” Thursday’s opinion read.

Many, if not all, school districts that defied Abbott’s order have lifted their mask mandates, including Houston, Dallas, Spring and Aldine ISDs, which were among the plaintiffs.

[…]

With the opinion, the court confirmed the state Education Code gave districts the authority to decide.

“We conclude that the Education Code provisions granting broad authority to local school districts and community college districts to govern and oversee public schools within their districts do not prescribe ‘the procedures for conduct of state business,’” the opinion stated. “In sum, the Texas Disaster Act does not grant the Governor absolute authority to preempt orders issued by local governmental entities, such as school districts, and the provisions of the Education Code relied on by the school districts in issuing their respective facecovering requirements are not subject to suspension under … the Act.”

See here for the background, and here for a copy of the opinion. As noted before, the Supreme Court has yet to take up this question, though at this point maybe they just won’t since it’s not currently at issue. (That could of course change.) Ken Paxton is never one to take an L so I suspect he’ll continue to pursue this. I also strongly suspect that a top item on the agenda for the 2023 Lege, assuming no changes in the power structure, will be to amend the Education Code to explicitly prohibit school districts from making this policy without the permission of the Governor first. Have I mentioned that this is an important election coming up? Just checking. The San Antonio Report has more.

More school districts dropping mask mandates

Unsurprising.

Some of Texas’ biggest school districts are lifting mask mandates for students just weeks before spring break.

Houston Independent School District, the state’s largest district, and Dallas ISD announced Monday that they would not require students to wear masks. Austin ISD announced Wednesday it would stop requiring masks.

The move comes after the Centers for Disease Control and Prevention announced that coronavirus infection rates were slowing.

“It does give people hope for this spring,” said Dallas ISD superintendent Michael Hinojosa.

All three districts enacted mask mandates in early August amid the delta variant surge and in defiance of Gov. Greg Abbott’s May executive order that says Texas schools can’t require masks.

At the time, dozens of school districts went against the governor’s order, and some were sued.

[…]

Candice Castillo, executive officer of student support services in Houston ISD, said recent data points to a dramatic downturn. In a district with about 195,000 students, there are 46 active cases, a 90% decrease in cases from the peak of omicron.

The district’s decision comes after Harris County Judge Lina Hidalgo lowered Harris County’s COVID-19 threat level from “severe” to “significant.”

“This is the right moment for us to make this decision,” Castillo said.

In Austin ISD, the district has seen a 97% decrease in cases over the last six weeks, and the current number of active cases represents less than 1% of the total student and staff population.

Stephanie Elizalde, Austin ISD superintendent, said Wednesday during an Austin ISD board meeting that the district is abiding by the CDC’s recommendations, but to keep in mind that the fluidity of the pandemic means that the mandate can come back when necessary.

See here for more on HISD lifting its mask mandate. You can feel however you want about this – I know a lot of people are still very apprehensive about easing off on precautions like masking, and I totally understand. I’m still masking in public indoor spaces, and likely will continue for the foreseeable future. But the point is, the districts got to make the decisions they thought were best, based on the status of the pandemic and the advice and guidance from the CDC. That more than anything is what we wanted and deserved. The fact that they managed to hold out in defiance of Abbott and Paxton for all this time is a victory. It could be a transient one – for sure, someone is going to file a bill next session to force school districts to bend the knee to the governor – but at least we have an election first that can affect that action. Again, that’s all we can reasonably ask for at this time.

On the matter of the still-unresolved litigation over the mandates and Abbott’s executive order banning them in the schools:

I Am Not A Lawyer, but my best guess is that SCOTx will eventually take this opportunity to decline to intervene on the grounds that there’s no longer a reason for them to get involved. I suppose they could order the lawsuits to be dismissed, but here’s where my non-lawyerness comes to the fore, because I don’t know if that’s a thing they normally do. Be that as it may, the stars have aligned for them the sidestep a politically charged case, and that I know is a thing they like to do.

Back to school, kids

It’ll probably be fine. And honestly, there’s no appetite for anything else.

Most of Texas’ roughly 1,200 school districts will welcome students and staff back within the next week, even as other states debate whether to mandate vaccines for teachers and staff or even return to remote learning. Almost 1 in 4 COVID tests in Texan are coming back positive for the virus, and hospitalizations have increased by 1,613 patients compared with a week ago. As of Dec. 28, 4,917 Texans were hospitalized for the coronavirus.

As of Wednesday, there were 220 Texans under the age of 18 hospitalized for COVID-19, according to data from the Texas Department of State Health Services. That number has been increasing since Christmas. Texas saw the highest number of people under the age of 18 hospitalized for COVID-19 in early September, when it was at 345.

The omicron variant has been surging across the United States. So far, it has generally been less severe and deadly than the earlier delta variant. However, the federal government recommends that all children 5 or older get the vaccine.

At Cook Children’s Health Care System in Tarrant County, positive cases among children have climbed sharply since Dec. 21 — going from a 5.7% positivity rate to 22.1%. “We are seeing upwards of 400 positive COVID-19 cases among children per day,” Dr. Mary Suzanne Whitworth said in a statement. “This is similar to where we were in early September when delta was spreading rapidly in our area.”

Despite those numbers, education leaders have largely urged a return to regular in-person instruction, with precautions in place.

Superintendent Millard House II of the Houston Independent School District, the state’s largest, announced Wednesday that it will maintain its mask mandate and will start to offer free COVID-19 testing for students and staff.

“We are looking forward to adding this layer of protection to our COVID-19 mitigation strategies,” House said in a statement. “We remain committed to keeping our students and staff safe and working toward implementing strategies that can help us continue offering safe and sustainable in-person instruction.”

In Austin, the school district will continue to require masks on campus and will offer testing to students and staff and vaccination clinics for anyone 5 and older.

In an email sent to Austin parents, district administrators said they were keeping schools open because they were confident that mitigation strategies were working and because vaccines are now widely available.

“Our layered protocols work! We have been here before. We can do this. Our kids need the schools to stay open,” Superintendent Stephanie Elizalde wrote in the email.

She added that the Austin ISD would continue social distancing, serving lunches outdoors and using its advanced air filtration system to slow the spread.

HISD’s mask mandate has been a big success, though it hasn’t really been tested by omicron yet. If people are properly wearing appropriate masks, they can protect themselves pretty well. Better ventilation and doing whatever possible outside is helpful. I’d feel a lot better if a whole lot more kids were getting vaccinated, but maybe getting them back into schools will nudge a few more in that direction. Some universities have pushed back the start of in person classes for their spring semester in favor of online learning, but I just don’t see that as viable for the independent school districts, at least not at this time. Mask, ventilate, vax, test, and isolate as needed, and we can get through this. I’m hoping for the best.

It’s mostly about the gay books

Color me not surprised.

Greg Abbott in the 80s

While a Texas House committee chairman’s inquiry into schoolbooks has often been linked to new state laws limiting how teachers address slavery and racism, most of the literature he’s called into question deals with a wholly different subject: LGBTQ issues.

That has also been the focus of Gov. Greg Abbott’s recent demands of the Texas Education Agency to work with other statewide agencies to set standards to prevent schoolchildren from exposure to what he’s defined as “pornography or other inappropriate content” and to investigate any possible related crimes. The books that prompted such labels and backlash from parents at a handful of Texas school districts are written by LGBT authors and discuss LGBT identity and relationships.

Democrats have denounced the Republican efforts as politically motivated attacks meant to gin up support from their base that they say will ultimately result in censorship and harm students, especially those who are already marginalized.

It’s part of a trend of conservative-led fights across the country over how schools can teach about issues of race, particularly systemic racism, as well as sex and gender, blurring the already faint line between local and national politics.

Rep. Matt Krause, R-Fort Worth, chairman of the House General Investigating Committee, had given the districts until Friday to respond to his inquiry. Several reached by Hearst Newspapers — including Katy and Fort Bend in the Houston area and Northside and Spring Branch in the San Antonio area — said Thursday that they were still reviewing the request and/or did not expect to make the deadline.

The letter had asked districts whether they carried any books on a list of about 850 that included Pulitzer Prize winners and other acclaimed literature.

Krause, who has not responded to multiple requests for comment, has said the purpose of his request is to verify that the districts are in compliance with new laws passed this year.

[…]

Danika Ellis, who runs The Lesbrary, a blog about lesbian and bisexual books, reviewed the list of titles Krause ran by school districts. She found — as a Hearst Newspapers analysis also concluded — that more than 60 percent of the books had to do with matters related to LGBT topics. About 20 percent touched on transgender issues or featured a transgender character. At least 9 percent related to sex education.

That’s compared with just about 8 percent that relate to race and racism. The rest of the books were not as easily categorized but related to topics such as teen pregnancy, abortion, contraception, sexual assault and sexually transmitted diseases.

“This house bill is supposed to prevent ‘discomfort,’ but what about the discomfort of kids who experience racism or who never see themselves represented in the curriculum or the books on the shelves?” Ellis wrote on her blog. “What about the discomfort of queer kids who see that even mentioning people like them is categorized as inappropriate or obscene or even ‘pornography’?”

HB1525 was primarily meant to make adjustments to the major school finance bill, HB3, passed in 2019. But a last-minute amendment by Sen. Bryan Hughes, R-Mineola, inserted language that required school boards to develop a policy for the adoption of human sexuality curriculum and set new guidelines for boards to follow in approving the curriculum.

They now have to take into account the advice of local school health advisory councils, parent groups appointed by school boards that give recommendations. They also were already required to ensure any approved materials were “suitable for the subject and grade level for which the curriculum materials are intended” and “reviewed by academic experts.”

Hughes did not respond to a request for comment.

Rep. Mary González, D-Clint, who co-authored the bill and chairs the Texas House LGBT Caucus, said it “never had the breadth” that Krause is claiming it has.

“The SHAC was put into a school finance bill to continue to target sex education when we know research tells us the opposite: that medically accurate, age-appropriate sex education is really important to holistic development,” González said. “However, what Rep. Krause has been trying to do over the last few weeks is beyond sex education and beyond the SHAC’s work, and he is primarily doing this not out of concern for children but out of political advantage for his own attorney general race.”

See here and here for the background. As of Friday afternoon, Austin and Dallas ISDs had said they will not respond to Krause’s request; it’s my hope that more ISDs, including Houston, will follow suit. The Trib has two more stories about this publicity/campaign stunt by Krause, which you can read as you see fit. I hate giving the little twerp any more attention for this, but ignoring it doesn’t seem right, either.

Some years ago, I was having a discussion with a friend about then-Mayor Annise Parker’s victory in the 2009 election over Gene Locke. I was trying to figure out why Parker did better in the Republican City Council districts than Locke did, given that Locke had made some effort to woo Republican voters. My friend’s response was “they’re more racist than they are homophobic”, which I still think about from time to time. From the vantage point of today, maybe that’s not so clear anymore.

More injunctions against the mask mandate bans

Keep ’em coming.

Concluding that Gov. Greg Abbott exceeded his authority by banning mask mandates in Texas, an Austin judge ruled Friday that school districts in Travis County can enforce face coverings as a COVID-19 precaution.

State District Judge Catherine Mauzy’s order also applied to 19 school districts that represent about 1 million students — including Austin, Dallas, El Paso, Fort Worth and Houston — as well as Austin Community College, which also sued Abbott.

However, Texas Attorney General Ken Paxton quickly appealed, automatically blocking enforcement of Mauzy’s temporary injunction — though the Austin-based 3rd Court of Appeals can be asked to reinstate the judge’s order while Paxton’s challenge proceeds.

In her ruling, Mauzy concluded Abbott’s ban on mandatory masks — contained in a July 29 executive order — was unlawful and exceeded his authority in violation of the Texas Constitution.

Mauzy found that the school officials and parents who challenged Abbott’s order made “a sufficient showing” to establish that Abbott was not authorized to declare “by executive fiat” that school districts are prohibited from requiring masks to be worn.

Without court intervention, Mauzy added, Abbott’s ban leaves school officials unable to mandate masks to control the spread of COVID-19, “which threatens to overwhelm public schools and could result in more extreme measures such as the school closures that have already begun in several Texas school districts.”

In a separate ruling, Mauzy also granted an injunction sought by Harris County to allow a mask mandate to continue for Houston-area school districts, said Christian Menefee, county attorney.

“Gov. Abbott is misusing the Texas Disaster Act to make this pandemic worse,” Menefee said, calling the ruling an important step in reining in the governor.

But in a third challenge, the judge declined to issue a statewide injunction, requested by the Southern Center for Child Advocacy, that would have allowed mask mandates in all Texas school districts. Mauzy’s one-page order gave no reason for the denial.

It’s hard to keep track of all of these, but see here for the original ruling in the Harris County case, and here for the original ruling in the SCCA case; the filing of their lawsuit was noted here. I have so many of these posts, some of which combine stories from multiple lawsuits, so I can’t find (and may not have) a post about the original Austin lawsuit, but the famous SCOTx demurral of the emergency request by Paxton and Abbott to block a TRO was related to the Austin/Travis County lawsuit. I note that the Harris County case and the SCCA case were originally in Judge Jan Soifer’s courtroom, so I am assuming that a bunch of similar lawsuits were combined into one and that’s how they all wound up before Judge Mauzy.

The injunction may be on hold because of the appeal (there’s some fancy legal term for this that I have encountered before but forgotten by now), but the plaintiffs can and surely will ask for it to be reinstated by the Third Court of Appeals. That will force another reckoning with the Supreme Court, thanks to the recent order in the Bexar County case. In a sense all of this is just sound and fury since Abbott and Paxton can’t enforce the mask mandate bans anyway, but the ritual must be observed. I feel like I should get a CLE credit for all of this blogging. HISD Superintendent Millard House’s statement about the ruling is here, and KXAN and the Trib have more.

There actually is still a court order that allows for mask mandates in place

Hey, remember that other lawsuit filed against Greg Abbott’s ban on mask mandates, by the Southern Center for Child Advocacy? I noted it in passing in this post, and then like you I forgot about it. And then on Sunday afternoon, this happened:

As of Monday morning, I had not seen any news coverage of this. As discussed before, that Supreme Court ruling only applied to Dallas and Bexar counties, and the affected school districts in those counties appeared to be interpreting it in a way that said it didn’t apply to them. Other jurisdictions like Harris County and Austin were not covered, so their mandates were also not affected.

Later in the day, there was this story:

After the Texas Supreme Court’s decision, several Dallas County school districts started backtracking, making masks optional once again, though Dallas ISD held firm.

But that same evening, a Travis County judge granted a new restraining order that temporarily blocks Gov. Greg Abbott from prohibiting mask mandates in Texas public schools.

The restraining order was granted in a case involving The Southern Center for Child Advocacy. Officials from the center did not immediately respond to requests for comment on Monday but noted on the group’s Facebook page that the restraining order — issued by Judge Jan Soifer in the 345th Judicial District — was in effect statewide.

“It was not one of the TROs blocked by the Texas Supreme Court yesterday afternoon,” the group wrote.

Richardson [ISD] Superintendent Jeannie Stone said the order allowed her district to keep a mask mandate in place as the school year is set to start on Tuesday.

“This ruling, at least temporarily, puts this decision where it should be — at the local level,” Stone said in a video announcement. In an interview with The Dallas Morning News, Stone said Richardson is committed to following the law and would adapt its decision making if the law changes.

The restraining order essentially allows individual districts the leeway to set their own mandates independent from their counties. Officials with the attorney general’s office asked the Supreme Court of Texas to block this order as well. The Texas Supreme Court did not grant the attorney general’s request on Monday for an immediate block based on the day before’s decision.

Attorney General Ken Paxton wrote to the Southern Center for Child Advocacy on Monday, asking the group to acknowledge on Monday that their temporary restraining order is “void and of no effect” because of the Texas Supreme Court decision.

Henry Green Bostwick II, an attorney representing the center, countered that he would withdraw the lawsuit against the state if Gov. Abbott altered his order to allow school districts to enforce mask mandates.

Paxton has vowed to take all school districts that violate Abbott’s mask mandate ban to court. Paxton falsely claimed Sunday evening that the Supreme Court’s decision ordered Dallas County and Dallas ISD to follow the governor’s order.

However, the decision did not mention Dallas ISD. A spokesman for Paxton did not return a request for comment on whether the attorney general planned to sue DISD over its mask requirement.

“Until there’s an official order of the court that applies to the Dallas Independent School District, we will continue to have the mask mandate,” Superintendent Michael Hinojosa said late Sunday.

[…]

Other school districts are signaling their intentions to jump into the legal fray, too.

DeSoto ISD trustees are scheduled to meet tonight to discuss authorizing their legal counsel to file a lawsuit against Abbott in order to allow the districts “to make local decisions regarding the health and safety of its students and employees,” according to the board’s agenda. Arlington ISD is expected to take up a similar vote later this week.

So, safe to say that for now, as of Monday afternoon, school districts that wanted to keep a mask mandate in place could do so. And then there’s this:

Here’s the DMN story if you can read it. Again I ask: Who is actually bound by that Supreme Court order? Far as I can tell, no one is paying it any heed, and now there’s the second court order that would seem to invalidate it, or at least contradict it. I can’t see this as anything but a temporary situation, and yet here we are. Until something else happens, it’s what the counties and school districts are saying that is in effect. I for one prefer it that way.

Dallas ISD to require masks

Good for them.

Starting Tuesday, Dallas ISD will require students and teachers to wear masks at its campuses, defying Gov. Greg Abbott’s order that bars districts from issuing mask mandates.

Superintendent Michael Hinojosa announced the change during a Monday morning press conference, saying that it was within his discretion to ensure the health and safety of his employees and the district’s students.

“We’re in a situation that has gotten significantly more urgent,” Hinojosa said.

Dallas is the first district in the state to flout the governor’s order; Houston — the state’s largest district — is considering such a move. Its new superintendent, Millard House II, announced last week that he would bring a mask mandate in front of Houston trustees at their next board meeting, Aug. 12.

School officials say it’s necessary in the face of the highly contagious delta variant. The youngest students remain ineligible for the COVID-19 vaccine.

In a statement, Ben Mackey, Dallas’ board president, said he was fully supportive of Hinojosa’s stance.

“The superintendent is the educational leader and chief executive officer of our school district tasked with the day-to-day operations of the district, which includes implementing safety protocols,” Mackey said. “Requiring masks for staff and students while on district property is a reasonable and necessary safety protocol to protect against the spread of COVID-19 and the new delta variant.

“Towards the end of last school year, we saw very low transmissions rates on campuses, thanks in part to masks being worn consistently by educators and students.”

Abbott’s executive order, issued in May, bars public schools and the Texas Education Agency from issuing any requirements on mask usage. Those who defy Abbott’s order could be subject to a fine of up to $1,000. It’s unclear how such a penalty could be applied to school districts.

Asked about a potential fine, Hinojosa responded: “Who knows?”

“All this is going to play itself out, and we’re not going to be the only ones taking this action,” Hinojosa said.

That certainly seems to be the case, as we have discussed before. HISD will vote on whether or not to follow through on Thursday, while Austin ISD may have made a decision by now as well. There’s also this:

Meanwhile, the Southern Center for Child Advocacy, a nonprofit education group, filed a lawsuit Sunday night in Travis County against Abbott and his executive order prohibiting school districts, governmental bodies or any public or private entity that is receiving or will receive public funds from requiring masks.

In the absence of a statewide mask mandate, the group seeks to give the power to enforce mask wearing back to local school districts, said Hank Bostwick, volunteer center coordinator and lawyer.

[…]

The lawsuit claims that Abbott is overreaching his authority and that his emergency powers should be used to take proactive steps and “not to advance an anti-mask political agenda that has no discernible basis in the data regarding the COVID-19 contagion rate.”

“This is purely political gamesmanship, and has nothing to do with the health and safety of Texas children or their teachers,” Bostwick said.

The lawsuit highlights that people of color are still lagging behind in vaccination rates and getting these families back in schools without proper protection makes them vulnerable to an increased rate of infection.

“The threat to the health and safety of Texas public school students and teachers is imminent and real,” the lawsuit states.

The group also claims that the governor is in violation of Texas education code because children with disabilities “are entitled to learn and interact with their non-disabled or typical peers in a safe and healthy educational environment.” The order not allowing masks means some of these students may be unable to attend school in-person if masking is not required, the lawsuit claims.

I looked around but was unable to find anything else about this lawsuit. From the Trib story, it seems they are making a couple of statutory claims – the Governor does not have the legal authority under the law to forbid school districts (and presumably other local governmental entities) from forbidding them from adopting mask mandates, and the lack of a mask mandate violates state law about providing an equal educational opportunity to all students. This Chron story suggests that these plaintiffs are not alone in that position.

Harris County Attorney Christian Menefee contends Abbott is misusing the Disaster Act. He cautioned that the governor’s power “is not absolute.”

“While he acknowledges that COVID is a health crisis that needs addressing, he then bars measures that would help mitigate this disaster,” the county attorney said in a statement. “The Disaster Act doesn’t allow him to do that, and local county and city officials should be able to take actions needed to stop the spread of COVID — including issuing a mask mandate.”

It would be fine by me if the Harris County Attorney were to take more direct action on that point. It may well be that this legal argument fails in court, but I see no harm in making that argument, as forcefully as possible. Maybe it’s Greg Abbott who is wrong in his interpretation of the law. Wouldn’t it be nice to know? Only one way to find out.

UPDATE: The Chron writes about the SCCA suit but has no further details.

UPDATE: Austin ISD will require masks as well.

There needs to be more defiance of Greg Abbott and his no-mandates mandate

I find a bit of a pattern in this story and wonder if there may be something to it.

School districts, local officials and hospitals are pushing back on Gov. Greg Abbott’s executive order barring mask and vaccine mandates, setting the stage for legal showdowns over coronavirus safety measures just as cases are surging in Texas and hospitals are filling up.

Houston ISD signaled its intention to require face coverings when students return this month. The University of Texas Medical Branch in Galveston requested an exemption to mandate COVID-19 vaccinations for staff, but was denied. Dallas County Judge Clay Jenkins required face masks at a meeting this week; he’s now being sued.

[…]

Dr. Mark McClellan, who advised Abbott earlier in the pandemic, said local officials need flexibility based on conditions in their area.

“There is evidence that wearing a mask, especially at times of high community transmission which Texas has right now, does help significantly,” said McClellan, former commissioner of the U.S. Food and Drug Administration and director of the Duke-Margolis Center for Health Policy at Duke University.

“I appreciate that wearing a mask is inconvenient, I would rather not do it,” he said. “But if there are high rates of transmission in the community I think it’s important for local authorities to have the ability to make a decision that works best for their students and their population.”

Early last year, Abbott said he would rely on data and doctors in making decisions to promote public health. McClellan was one of Abbott’s four original medical advisors, but is no longer playing that role.

Abbott has remained in regular contact with one of the original advisors, Department of State Health Services head Dr. John Hellerstedt, since the beginning of the pandemic, according to spokeswoman Renae Eze. Hellerstedt did not answer questions about whether he agreed with Abbott’s executive order.

[…]

It remains to be seen whether other school districts follow suit in defying Abbott’s order. El Paso officials wrote to Abbott this week urging him to give school districts a choice in whether to require masks or not. Dallas ISD did not respond to a request for comment.

Violations of Abbott’s order can result in a fine of up to $1,000. Georgina Pérez, a State Board of Education member from El Paso, volunteered to raise money to help pay fines for school districts that defy the governor’s order by mandating masks.

“Knowingly not protecting children from harm goes against everything that teachers stand for,” she said.

Abbott’s office did not immediately respond to questions about whether any fines have been levied to date. Houston Mayor Sylvester Turner has faced no pushback since he told the city’s roughly 20,000 workers on Monday to resume wearing masks at work, according to a spokesperson.

[…]

Some institutions that sought exemptions from Abbott’s order have been rejected. The latest version blocks a wide swath of government entities, including cities, counties, universities and publicly funded hospitals, from requiring staff get the vaccine while full FDA approval is pending.

The University of Texas Medical Branch would want to require vaccination of its frontline clinical staff and requested an exemption, but was told to abide by the governor’s order, according to Dr. Janak A. Patel, director of the Department of Infection Control & Healthcare Epidemiology.

Dr. John Zerwas, the UT system’s vice chancellor for health affairs, raised the exemption request with Abbott recently, who was not willing to change his position, he said.

Parkland Hospital, a publicly funded organization that falls under Abbott’s order, plans to require its employees get vaccinated as soon as the FDA fully approves the shot. In anticipation, Parkland alerted staff this week that the first dose will be required by Sept. 24 and the second — or single Johnson & Johnson dose — by Oct. 15. Approximately 71% of staff are already vaccinated against COVID-19.

“These steps are necessary to protect Parkland’s complex patient population who, due to their socio-economic status, often have no choice in where they receive care,” said Michael Malaise, senior vice president of communications and external relations for Parkland, in an email.

The main thing I notice is that for the most part, the entities that have just gone ahead and done the thing they wanted to do that was in violation of Abbott’s executive orders have – so far – not received any pushback for doing so. The exception is Dallas County Commissioners Court, which got a stern letter from Ken Paxton after barring one of the commissioners from entering without a mask, but even that letter didn’t spell out any particular actions Paxton would take. The difference between UT Medical Branch hospital and Parkland Hospital is particularly instructive. Moreover, even if a cease-and-desist letter or some other legal action comes down on Parkland, by the time the dust settles they probably will have gotten some number of previously unvaxxed employees to get their shots, and that’s all that matters.

So, my advice to El Paso ISD and austin ISD, which may be considering its own mask mandate, is to just do it. Mask mandates are something that a lot of parents want, especially parents of medically fragile children or who have immunocompromised family members at home, and especially given the limited remote learning opportunities that exist now. The thousand-dollar fine, which doesn’t appear to have a clear mechanism for enforcement, isn’t very much even if it’s a thousand dollars a day, and that may be challenged in court on the grounds that it is discriminatory against students with health issues. But really, it’s the right thing to do, and maybe – just maybe – Abbott has gotten out a bit over his skis here. For sure, asking is going to get you nowhere. Take action and take it now, if all else fails it should be something that can be taken back. Do what you must to protect the kids.

UPDATE: Someone agrees with me: