A state court of appeals Monday put a stop to Fort Worth ISD’s mask mandate, which went into effect this morning.
The Second Court of Appeals in Fort Worth granted a temporary injunction, saying that the Texas Supreme Court has upheld the status quo as lawsuits move forward in conflicts between local governments and state authorities over face masks.
The Fort Worth ISD released a statement Monday afternoon stressing it will still encourage staff and students to wear masks.
“The District and the Board stand firm in strongly encouraging all students and employees to wear a mask while inside any Fort Worth ISD school or facility,” the statement said in part.
The district had initially issued the mask mandate in early August. But it was rescinded after four parents sued. In late August, Fort Worth ISD issued the mask mandate for a second time, but that was put on hold as a temporary restraining order was already in place. When that TRO was lifted on Friday, the district sent out communication over the weekend directing all staff, students, parents and visitors to wear masks inside district facilities, beginning Monday.
But the appeals court Monday sided with the parents and reinstated the temporary injunction.
One of the plaintiffs in the original case, Todd Daniel, said he feels vindicated by the ruling.
“It was a crazy start to a great day,” Daniel said.
Daniel and three other plaintiffs, all FWISD parents, sued the district and originally won the temporary restraining order on Aug. 13 after Judge John Chupp reversed the district’s mask mandate.
The lawsuit was set in motion after Superintendent Kent Scribner made the executive decision to make masks mandatory for staff and students in a special board meeting in August, in lieu of a vote.
Two weeks ago, FWISD trustees voted 8-0-1 to adopt the mask mandate. Trustee Daphne Brookins abstained from the vote.
In its ruling Monday the appeals court said, “In light of the Supreme Court’s view of what the status quo is when there are conflicts between the Governor and the local governmental entities over face masks and the effect that not granting relief will have on upsetting the status quo, we grant the parents’ Emergency Motion for Temporary Relief Pending Determination of Appeal.”
Daniel now says he and the other plaintiffs — Jennifer Treger, Kerri Rehmeyer and a mother who was not identified in court documents — have started a private Facebook group with over 1,000 members, all of whom are against a mask mandate.
“Right now, we’re just adding members like a slot machine at WinStar,” Daniel said.
Legal fights over face coverings in Texas schools are escalating. State and federal court cases are taking aim at Gov. Greg Abbott’s ban on mask mandates by public entities. Meanwhile, on Friday, Texas Attorney General Ken Paxton filed suit against several school districts implementing mask mandates, including Richardson ISD.
