Texas Attorney General Ken Paxton is suing Travis County and Austin officials in an effort to force them to rescind their local mask orders, he announced Thursday.
“I told Travis County & The City of Austin to comply with state mask law,” Paxton tweeted. “They blew me off. So, once again, I’m dragging them to court.”
Texas on Wednesday lifted nearly all coronavirus restrictions, including Gov. Greg Abbott’s statewide mask mandate and occupancy restrictions. Abbott’s order said that “no jurisdiction” can require a person to wear a mask in public if the area doesn’t meet a certain number hospitalizations for the coronavirus. But Austin and Travis County health officials have said they will continue to enforce the safety protocols, setting the stage for yet another fight over pandemic response between state and local officials.
“[Travis County] Judge Brown and I will fight to defend and enforce our local health officials’ rules for as long as possible using all the power and tools available to us,” Austin Mayor Steve Adler said Thursday in a statement. “We promised to be guided by the doctors, science and data as concerns the pandemic and we do everything we can to keep that promise.”
Travis County Judge Andy Brown, who presides over the county government, said the authority to impose the local mask mandate comes from the county health authority, not from Brown’s emergency powers. Brown told The Texas Tribune on Wednesday that means the order should hold up in court.
“I listen to doctors, not to politicians like our attorney general,” Brown said.
As noted, Travis County and Austin extended their mandates on Wednesday, then Paxton sent them a letter saying basically “take that back or I’ll sue”. When they didn’t, he did. And look, no one holds Ken Paxton in greater contempt than I do, but he’s going to win this case. He may have to appeal it up a level or two to get there, but there’s just no way this story ends with the locals winning. I get the urge to defy the dumb order from Greg Abbott and to take a stand, but you gotta have a strategy and some reasonable expectation of achieving the outcome you want. This is not going to help.