Texas Ban on School Mask Mandate Approved, Junking Disabilities Act Argument by a Judge

Texas Governor Greg Abbott is celebrating his current win after the 5th U.S. Circuit Court of Appeals ruled blocking the state's school mask mandate.

Austin District Judge Lee Yeakel has previously ruled against Abbott's ban on mask mandates in Texas schools. In his ruling, Yeakel argued that the country's Disabilities Act should be upheld instead of Abbott's directive.

Court of Appeals Upholds Texas Governor Greg Abbott's Ban on Mask Mandate

In a written ruling on July 25, the 5th U.S. Circuit Court of Appeal ruled the ban on mask mandate in the state of Texas. It favored Greg Abbott's ban on the mandatory use of face masks in schools.

The 2-1 decision effectively junked Austin District Judge Lee Yeakel's ruling last November. Fighting against the ban pushback, the state of Texas has sought the help of the appellate court to overturn Yeakel's ruling.

According to the Austin American-Statesman, the appeals court did not allow the establishment of Yeakel's injunction for the duration of the case assessment.

In ruling on the case, Judge Andrew Oldham argued that the "Americans with Disabilities Act," Yeakel's main argument, apparently does not apply to mask-related issues, as it only guarantees that the concerned students can attend school.

On the other hand, Judge Eugene Davis, the sole opposition to the ruling, sided with the safety of the students. According to KVUE, Davis said Oldham's argument "mischaracterized the students' argument."

"The students argued that state Attorney General Ken Paxton's dogged defense of Abbott's ban on mask mandates, including lawsuits against school districts and threats of additional litigation, amounted to disability discrimination," Davis noted.

Despite the favorable outcome on Abbott's camp, The stateman said the ruling does not affect the other cases they have to decide, questioning the legality of the governor's ban on mask mandates awaiting at the Texas Supreme Court.

Austin District Judge Lee Yeakel's Ruling Against Texas Governor Greg Abbott

In a stunning overturn last November, U.S. District Judge Lee Yeakel of Austin ruled that the Texas Governor's executive order banning mask mandates on schools should be lifted. Yeakel argued that prohibiting schools from enacting mask mandates violates the Americans with Disabilities Act.

"The spread of COVID-19 poses an even greater risk for children with special health needs. Children with certain underlying conditions who contract COVID-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital's intensive-care unit," Yeakel said at the time.

Asserting the right of disabled students to safe education, Yeakel also stated that Greg Abbott's order "impedes" children with disabilities from the benefits of the public school program in the state.

This article is owned by Latin Post.

Written by: Ivan Korrs

WATCH: Appeals Court Sides With Texas Officials on Banning School Mask Mandates - From WFAAs