Travis County District Court Rules In Favor Of Austin Mask Order

AUSTIN, TX — A Travis County District Court Judge ruled in favor of Austin-Travis County's mask requirement after Texas Attorney General Ken Paxton filed a lawsuit against the city and county earlier this month.

County District Court Judge Lora Livingston ruled Friday the city of Austin and Travis County's order requiring the use of face coverings at businesses is legal despite the attorney general's attempt to block the local coronavirus mask mandate.

The ruling came after a three-hour hearing held remotely via Zoom.

The district judge denied Paxton's temporary restraining order, saying both sides need more time to prepare.

"I cannot find that (the state) met its burden to demonstrate the right to the relief it seeks," Livingston said, adding that a signed order will follow with additional details.

Paxton is expected to quickly appeal the ruling, which denied his request for an injunction blocking the mask mandates.

Both Austin-Travis County extended their mask order on March 10 after Texas Gov. Greg Abbott issued an executive order to lift the state's mask mandate and open businesses at 100 percent capacity.

Travis County Judge Andy Brown and Mayor Steve Adler said the decision to extend the order came after consulting the city-county's health authorities who advised relaxing restrictions could increase new cases and hospitalizations in the area.

The day the city-county order went into effect, Paxton threatened local officials with a lawsuit. When authorities refused to back down, the attorney general filed a lawsuit the following day in a Travis County District Court.

Paxton's lawsuit states the decision to require masks is up to private businesses on their own premises and not for "the city of Austin, Travis County or their local health authorities."

On Friday, Lawyers for Paxton argued that Gov. Greg Abbott's pandemic-related executive orders trump local requirements under powers granted by the Texas Disaster Act.

More on that story: TX Attorney General Files Lawsuit Against Austin For Mask Order

However, lawyers for Austin and Travis County said the mask mandates are allowed under a different state law that gives local health officials the power to issue rules that protect public health.

"The Health and Safety Code is a very broad grant of authority to protect local the population," Leslie Dippel with the Travis County attorney's office told the judge, adding that nothing in the Texas Disaster Act overturns or overrules that power.

At the close of the hearing, Livingston said she was puzzled that Abbott's latest executive order prohibited local officials from enforcing mask mandates but allowed individual businesses to require customers to wear a mask — or enter without one.

"That would seem to give business owners, who can make those decisions without any scientific basis at all, more power over people's health than local health authorities who are medical experts," Livingston said.

Livingston asked Paxton's lawyer what the state's interests were in preventing a jurisdiction from trying to keep their people safe?

When the lawyer stated it was to preserve individual freedom of choice, the district court judge found the answer lacking.

"Why should a person with a deadly virus have more power than the person trying not to catch the deadly virus?" she asked in the virtual hearing.

County Judge Brown praised Livingston's decision on Friday and tweeted thanks to the county attorney Delia Garza and her team.

City Council Member Gregorio Casar said Friday the court's decision was "great news" for the city-county and that local leaders must be allowed to "do what’s right for their constituents, even when state leaders are looking out for themselves instead of the community's health and safety."

"“Abbott didn’t help the economy when he got rid of mask rules. He only helped the virus,” Casar said in a statement Friday. “In Austin, we’re committed to saving lives and to economic recovery. You can’t pick one over the other. We need our community to continue to mask up.”