A US judge has overturned a Texas rule that mandated masks in schools during this pandemic, ruling it violates the rights of disabled students.
Judge Lee Yeakel said the ban denied disabled children, who are more likely to face Covid complications, the right to in-person learning with their peers.
As a result, districts can set their own rules. The Texas attorney general has vowed to challenge Wednesday’s decision.
Mask mandates have caused legal battles across the country.
“Children with certain underlying conditions who contract Covid-19 are more likely to experience severe acute biological effects and to require admission to a hospital and the hospital’s intensive-care unit,” Judge Yeakel wrote.
He said evidence presented in court showed these children “are being denied the benefits of in-person learning on an equal basis as their peers without disabilities”.
The decision is the finish of long periods of legal fighting among guardians and the state after Governor Greg Abbott gave the boycott in May, in the midst of a declining Covid caseload.
Mr. Abbot and other Republican state authorities have battled Covid measures ought to be an individual decision, not commanded by the public authority.
Incapacity Rights Texas (DRT), the promotion bunch that recorded the claim, said Wednesday’s choice showed Texas isn’t above government law.
“No student should be forced to make the choice of forfeiting their education or risking their health, and now they won’t have to,” DRT attorney Kym Davis Rogers said in a statement.
In a tweet late on Wednesday, Attorney General Ken Paxton said he unequivocally contradicted the choice and was “considering all legal avenues to challenge” it.
DRT recorded the suit in August for 14 understudies with inabilities, contending that the requirement of the law victimized them and disregarded the 1990 Americans with Disabilities Act.
“Students with disabilities need in-person schooling more than other student groups, but they must be able to receive instruction and services safely,” their complaint noted.
BREAKING: The Texas Supreme Court imposes a temporary halt to lower court decisions that overruled the State ban on mask mandates.
The ban doesn't prohibit using masks. Anyone who wants to wear a mask can do so, including in schools.https://t.co/QeVipZMPWH
— Greg Abbott (@GregAbbott_TX) August 15, 2021
In September, the US Department of Justice gave a statement on the Texas case, taking note of the restriction held handicapped kids back from going to class as certain guardians would keep them at home because of Covid-19 danger, “even though the children could safely attend school if mask protocols could be put in place”.
A portion of the state’s greatest school areas, including Dallas and Austin, had pushed ahead with cover commands in resistance to the request.
A government social liberties office is as of now exploring comparative boycotts in five different states.
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