Florida and Texas are among the states facing controversy as executive orders and legislation have prevented local governments and school districts from enacting new mask mandates.
However, some cities have moved ahead with mandates in defiance of the orders.
In Texas, Houston Mayor Sylvester Turner announced Monday that all of the city’s 22,000 city workers would be required to wear masks inside city buildings when it is not possible to social distance.
This contradicts an executive order issued by Gov. Greg Abbott in July that states “no government entity, including a county, city, school district and public health authority” and “any public or private entity that is receiving or will receive public funds” can enact mandates that require people to wear masks or get vaccinated.
Additionally, the Dallas Independent School District, the second largest in Texas, announced Monday that students and faculty will be required to wear masks inside school buildings beginning Tuesday.
A statement issued on the DISD website stated that Abbott’s order “does not limit the district’s rights as an employer and educational institution to establish reasonable and necessary safety rules for its staff and students.”
The Southern Center for Child Advocacy, a nonprofit education organization, filed a lawsuit Sunday night against Abbott’s order, the Texas Tribune reported. The group hopes the suit will reinstate the authority of localities to impose mask mandates and protect against the surging delta variant.
“The threat to the health and safety of Texas public school students and teachers is imminent and real,” the lawsuit states.
Florida Governor Ron DeSantis is also facing opposition to his executive order banning mask mandates.
Rocky Hanna, the superintendent of Leon County Schools in Tallahassee, announced that the district would require masking despite DeSantis’ order during a press conference Monday. He said that if “things went sideways” with COVID-19 in the schools under his charge, he “can’t just blame the governor.”
“This mask not only protects the person wearing the mask, it protects the person beside them and in front of them and behind them,” Hanna said.
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Additionally, another 16.55% of counties, or 533, are reporting “substantial” transmission rates, according to the CDC. Just 6.27% of counties are seeing “moderate” transmission, while 4.66% are seeing low transmission.
“When did we decide as American citizens that we’re going to give our government the ability to tell us that we have to wear a mask, or have a shot?” he said.
“Their responsibility is to give me good information. Let me make the darn decision,” he added.
The requirement is valid for all employees and visitors in city buildings, including administrative buildings and libraries, ABC 13 News reported.
Lexington, Kentucky, is also scheduled to enact mask mandates in government buildings at the end of Monday, Mayor Linda Gorton announced.
“I have taken this step because of the increasing number of COVID-19 cases in our City,” Gorton said.
The group hopes the suit will reinstate the authority of localities to impose mask mandates and protect against the surging delta variant.
“The threat to the health and safety of Texas public school students and teachers is imminent and real,” the lawsuit states.
In a notice posted on its website, the district also stated that masks would be a requirement on Tulsa Public Schools buses, per CDC recommendations.
Vaccines are “strongly” encouraged for those able to receive the shot, though the Senate Bill 658 that prohibits mask mandates also prohibits vaccine requirements.
Oklahoma House Democrats requested a special session to repeal the law on Monday, Oklahoma Watch reported.
New Jersey is one of a handful of states that heeded the CDC recommendation for students and school faculty to wear masks on campus.
As of Sunday, the state had seen a 40% jump in cases from the previous week and a 464% jump from the previous month, NJ.com reported.
One Dallas administrative court judge issued a ruling that all people in Dallas County courthouses wear masks as the county upgraded its COVID-19 threat level to red. As Williamson County was also lifted to a red threat level, a judge mandated masks for visitors and workers in the Williamson County Justice Center.
“People are required to come to court,” Dallas County Judge Clay Jenkins said. “You may have a jury summons, you may have been subpoenaed as a witness, you may need to be there as part of your job — and it’s important that we keep those people safe.”
Rocky Hanna, the district’s superintendent, announced the measure during a press conference Monday. He said that if “things went sideways” with COVID-19 in the schools under his charge, he “can’t just blame the governor.”
“This mask not only protects the person wearing the mask, it protects the person beside them and in front of them and behind them,” Hanna said.
The measure contradicts an executive order from Gov. Greg Abbott that prohibits public schools and the Texas Education Agency from imposing mask mandates and threatens a fine of up to $1,000 for areas that don’t comply.
DISD Superintendent Michael Hinojosa revealed the mandate during a press conference Monday morning, citing the spread of the highly contagious COVID-19 delta variant that has caused a surge in infections in the state.
“We’re in a situation that has gotten significantly more urgent,” Hinojosa said.
A statement issued on the DISD website stated that Abbott’s order “does not limit the district’s rights as an employer and educational institution to establish reasonable and necessary safety rules for its staff and students.”
The resolution includes 43 elementary schools, middle school and day cares in the city, the State reported. Gov. Henry McMaster warned that the mandate contradicted state law and would not be protected in court during a news conference Monday.
“That mandate is, I believe, contrary to state law,” McMaster said. “The state law is crystal clear that state funds are not to be used to enforce a mask mandate. The very people who were listed (in the city’s ordinance) as those responsible to enforce the mandate are, of course, paid in whole or in part with state funds.”
Other Republican leaders from the state, including Senate President Harvey Peeler and House Speaker Jay Lucas have also condemned the measure.
