Disability Rights Texas, an advocacy group, filed a federal lawsuit on behalf of several Texas families against the governor, Texas Attorney General Ken Paxton and Texas Education Agency Commissioner Mike Morath, claiming the spread of the virus was posing “an even greater risk for children with special health needs.”
“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,” the lawsuit said. “This includes children with conditions including, Down syndrome, organ transplants, lung conditions, heart conditions, and weakened immune systems.”
The ruling signed by US District Court Judge Lee Yeakel says that “at issue is whether Governor Greg Abbott’s Executive Order GA-38 violates Title II of the Americans with Disabilities Act of 1990.”
“The evidence presented by Plaintiffs establishes that Plaintiffs are being denied the benefits of in-person learning on an equal basis as their peers without disabilities. The court concludes that GA-38 violates the ADA,” the ruling said.
Following the judge’s decision, the Texas attorney general wrote on Twitter, “I strongly disagree with Judge Yeakel’s opinion barring my office from giving effect to GA-38, which prohibits mask mandates imposed by government entities like school districts.”
At the time, the department said in a letter to Morath it was “concerned that Texas’s restriction on schools and school districts from putting masking requirements in place may be preventing schools in Texas from meeting their legal obligations not to discriminate based on disability and from providing an equal educational opportunity to students with disabilities who are at heightened risk of severe illness from COVID-19.”
Federal judge rules Texas school mask ban violates Americans with Disabilities Act