UPDATE (3:15 p.m. Tuesday, August 10):
A Texas judge is ruling San Antonio and Bexar County can mandate masks in public schools. Judge Toni Arteaga issued a Temporary Restraining Order this afternoon following a lawsuit against Governor Greg Abbott by the city and county. The Democrat says the decision was not made lightly. Bexar County and San Antonio wanted the TRO citing rising coronavirus vases and the opening of schools. They accused Abbott of usurping power typically held by local governments. The Texas AG's Office argued the court did not have jurisdiction on the case. A similar lawsuit was filed by Dallas County last night.
San Antonio and Bexar County have joined Dallas in suing Governor Greg Abbott over his COVID-19 executive orders.
Mayor Ron Nirenberg tweeted, "Judge Nelson Wolff and I want to protect our schools. At our request, the City & County have filed a lawsuit against the Governor to restore local control to address COVID-19. Unvaccinated kids shouldn't be forced to gamble with their lives while the deck is stacked against them."
“We are challenging the governor’s authority to suspend local emergency orders during a crisis such as the COVID-19 pandemic,” said Mayor Nirenberg. “Ironically, the governor is taking a state law meant to facilitate local action during an emergency and using it to prohibit local response to the emergency that he himself declared.”
The lawsuit is in response to Abbott's mask mandate ban that imposes a $1,000 fine for violations.