AG Ken Paxton Warns Austin and Travis County to Revoke Mask Mandate or Go to Court

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Texas Attorney General Ken Paxton threatened to sue Travis County and the city of Austin if officials do not fall back on local orders that continue to require masks despite Governor Greg Abbott ending the statewide mask mandate on Wednesday.

Public health leaders in Austin and Travis County recently announced they would continue to demand masks, even though Abbott banned local authorities from replacing his order. District judges may impose COVID-19 restrictions if hospital admissions for the virus exceed 15% of the bed capacity in that hospital region for seven consecutive days.

Violating the city’s public health order would be a Class C felony, but the city planned to enforce only “the most blatant cases,” Austin Mayor Steve Adler said in a video message late Tuesday. before Paxton’s announcement was posted.

“The decision to require masks or otherwise impose COVID-19-related usage limits is expressly reserved for private companies in their own field. It does not rest with jurisdictions such as the city of Austin or Travis County or their local health authorities, ”Paxton wrote in a statement Wednesday. ‘We have already taken you to court under similar circumstances. You lost. If you keep breaking the law in this way, we will take you to court again and you will lose again. “

Paxton gave local authorities until 6 p.m. to comply with the governor’s order, revoke local COVID-19 mandates, and withdraw related public statements. The order said it would “replace any contradictory order from local officials.”

“Otherwise, on behalf of the state of Texas,” Paxton wrote, “I’ll sue you.”

Neither the city nor the county is withdrawing.

“I listen to doctors, not politicians like our attorney general,” Travis County Judge Andy Brown said in an interview, explaining that this is the message he hopes his residents will receive. “Now is not the time to take off our masks.”

Brown said the ongoing mask mandate comes from the county public health authority – not from its emergency powers due to the pandemic. According to that interpretation, the province should be legally able to demand masks. The discussion to remove a mask mandate shouldn’t begin until 80% of the county has been vaccinated, Brown said. It is currently 9%, he said.

“We will fight Governor Abbott and Attorney General Paxton’s attack against doctors and data for as long as possible,” Adler said in a statement.

The Paxton office has successfully challenged the efforts of Austin and Travis officials to restrict holiday restaurant activities around New Year’s Eve. But Brown argued that the injunction remained in effect over the holidays while the suit was being argued, and that improvement was shown as a result.

Texas became the most populous state in the country on Wednesday without a mask mandate, and more than half of the country demanded it publicly. This comes as an average of nearly 200 people die every day in the state from COVID-19 and as new, more contagious COVID-19 variants spread in the state. Several leaders have criticized Abbott’s decision to end the mask mandate, including President Joe Biden, calling it a “big mistake.” Other lawmakers and some business owners have praised the move.

Efforts to vaccinate the population continue, with experts saying achieving herd immunity should vaccinate nearly every adult Texan. About 8.5% of the 29 million people in Texas were fully vaccinated on Monday, and the state extended vaccination options on Wednesday to all Texans over the age of 50. But the number of eligible recipients already outpaced the offer prior to the expansion, which means it can be difficult to get an appointment quickly.

Although Abbott said city officials cannot demand the use of masks in public, companies can demand them within their locations. Dozens of companies in Austin have announced that they need masks independently, and many more in the state. Some already fear backlash from customers.

Harris County Judge Lina Hidalgo addressed the end of the mask mandate at a press conference on Wednesday and said the fight against COVID-19 is underway – with only about 1 in 10 county residents over the age of 16 being fully vaccinated.

Hidalgo thanked entrepreneurs who still need masking in their businesses.

“We know you’ve been there from the beginning to guide and support our people,” she said. “And as unfair as it may be, you have this task of protecting the community, it’s a huge public service.”