DALLAS – In the legal fight over the mask order issued by Dallas County Judge Clay Jenkins, the Fifth Circuit Court of Appeals said Governor Greg Abbott cannot take away the power of local government leaders to manage local disasters.
In this case, the appeal judges ruled a mask policy is tool local leaders have the right to use and the governor cannot ban it.
Jenkins filed a motion for a temporary restraining order along with the attorney for a dozen North Texas parents. They argued the governor overstepped his authority by limiting the actions local officials can take to combat the COVID-19 crisis.
A Dallas County judge agreed, issuing the TRO late Tuesday.
Jenkins quickly issued a mask mandate after Tuesday’s court victory, which Gov. Abbott and the attorney general then appealed.
That appeal was denied by the court Friday.