Commissioner J.J. Koch has filed a lawsuit and requested a temporary restraining order against Dallas County Judge Clay Jenkins, calling for his removal from office after a dispute over masking.
Jenkins instructed a bailiff to remove Koch from a Commissioners Court meeting Tuesday after Koch refused to wear a mask. Jenkins claimed a Texas Supreme Court order gave him authority to mandate masks during the meeting. Koch disagrees and says under an executive order from Texas Gov. Greg Abbott, Jenkins is not a traditional court judge and can’t do so.
“You clearly expressed your authority to impose a face-covering request for an elected official outside of the governor’s order,” Koch said from a video feed after he was removed from the meeting.
Koch filed the suit and temporary restraining order in Dallas County 116th Civil District Court, asking for a judge to rule that Jenkins must follow Abbott’s order prohibiting counties from requiring masks or vaccines. The suit also calls for Jenkins’ removal “based on incompetency and official misconduct,” according to the court document.
“The enemy is the virus, not each other,” Jenkins said in a prepared statement. “My actions were taken after consultation with local doctors to increase safety for people in attendance.”
The suit was not listed publicly in Dallas County court records until Thursday morning. Koch also claimed that his removal violated the Texas Open Meetings Act. Koch is asking for $250,000 or less.
Throughout the meeting, he refused to vote on measures before the Commissioners Court, saying he was unable to participate virtually. The suit claims the mask mandate “restricts the public and [Koch] from attending Commissioners Court.”
On Tuesday, Koch said he hoped to prove that Jenkins was overstepping his authority as a county judge by requiring masks. Koch said he had a mask in his pocket but refused to wear it to make a point. He said he’ll wear one at the next court meeting.
“This is just about a pretty gross abuse of power,” Koch said Tuesday. “I’m not going to be forced to do something that’s unlawful.”
The Centers for Disease Control and Prevention recommended that both vaccinated and unvaccinated people wear masks indoors, especially in areas where the delta variant of the virus is spreading, like Dallas, Tarrant, Denton and Collin counties.
The delta variant, Dallas County Health and Human Services says, has led to a 321% increase in hospitalizations since June 30 in North Texas.
Dallas County increased its COVID-19 threat level to red, or “high risk of transmission,” on Tuesday night in response to rising cases and hospitalizations.
