TX Attorney General Threatens To Sue Austin For Mask Order

AUSTIN, TX — Texas Attorney General Ken Paxton is threatening to sue Austin officials for implementing a mask order at local businesses after Gov. Greg Abbott's executive order took effect Wednesday.

The Texas Attorney General's Office on Wednesday called out Austin Mayor Steve Adler and Travis County Judge Andy Brown in a tweet demanding the local officials rescind any mask mandates or business operation restrictions by 6 p.m. Wednesday.

"On behalf of the State of Texas, I will sue you," Paxton's office said.

The demand comes after the city of Austin and Travis County said Tuesday they will continue to enforce Austin Public Health's COVID-19 public health rules by requiring businesses to wear masks in Austin despite the governor's order.

The local order states people won't face charges for not wearing a mask but they could if they are unmasked and refuse to leave a business. Charges could also be increased if someone were to threaten a business or incite violence, city officials said.

More on that story: Austin Businesses Will Still Require Masks: Health Officials

"Over the past 24 hours, Travis County and the city of Austin officials announced that local orders requiring individuals to wear face masks while outside their homes will continue unabated," the attorney general's office said. "Local officials may not impose such limits unless certain conditions are met under (Texas) Department of State Health Services guidelines."

Paxton's office said 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."

Local officials do not have the authority to threaten fines for noncompliance, Paxton said.

"We have already taken you to court under similar circumstances. You lost. If you continue to flout the law in this manner, we'll take you to court again and you will lose again," Paxton said.

City Council District 4 member Gregorio Casar responded to the attorney general's threat on Twitter Wednesday afternoon saying Paxton is going out his way to "win political points."

"While El Paso rolled out makeshift morgues, you sued them for protecting residents," Casar said. "While Texans froze in the dark, you fled the state for warmer weather. Now, you're going out of your way (again) to win political points, even if it costs lives. We'll see you in court."

At 4:37 p.m. Wednesday, Adler responded to Paxton's social media post and said he does not plan to rescind his mask order.

He colorfully used a gif from NBC's "The Office" of actor John Krasinki's character blowing in the face of actor Rainn Wilson.

“Judge Brown and I will continue to do everything within our power, continuing existing health authority orders and using every tool available to us to reduce the spread of the virus," Adler said. "We will fight Governor Abbott and Attorney General Paxton’s assault against doctors and data for as long as we possibly can."

Adler said the governor’s order and Texas Attorney General Ken Paxton’s efforts to end mask mandates creates "ambiguity about masks where none should exist.”

“I believe leaders need to be clear and unambiguous in their communications and messaging about masking," Adler said. "Masks work! The Governor and Attorney General are simply wrong."

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