Children with disabilities sue Texas governor Abbott over ban on school mask mandates
A group of disabled school children in Texas are suing state governor Greg Abbott for discrimination and for risking their health because of his ban on mask mandates.
The suit, which was filed on behalf of 14 students by Disability Rights Texas on Tuesday, alleges that Mr Abbott was in violation of the Americans with Disabilities Act.
A lawyer representing the students, Tom Melsheimer, told the Austin American-Statesman that Texasâs ban on mask mandates forced parents to choose between risking their childrenâs health, or of losing education. All of the children have disabilities.
"Either outcome is a violation of students' rights...and both are wholly avoidable," said Mr Melsheimer, who reportedly worked on the case for free.
According to the suit, all of the 14 children who have disabilities have underlying conditions that carry the ârisk of serious complications or death in the event that they contract Covidâ.
Mr Abbottâs ban on mask mandates, which includes schools, will âprohibit the exclusion of students with disabilities from public educational programs and activities,â the lawsuit alleges.
It states that Mr Abbottâs ban also âprohibits local school districts from even considering whether to implement the most basic and effective COVID-19 prevention strategy in school settings.â
The students in the lawsuit are aged below 12, which is an age group not eligible for Covid vaccinations.
Face masks, meanwhile, are recommend by the US Centres for Disease Control and Prevention (CDC) to reduce the risk of catching Covid. That advice has seen Republicans bridle at the reintroduction of measures to control the virus.
Mr Abbottâs ban, which has been challenged in several state courts, was supported by the US Supreme Court on Sunday, although it has not issued a final ruling.
Texasâ Supreme Court ruled late on Thursday that schools would not be forced to follow the ban on mandates, allowing districts in the state to decide for themselves.
Guidance issued by the Texas Education Agency confirmed that the mandate is ânot being enforced as the result of ongoing litigation,â and added: âFurther guidance will be made available after the court issues are resolved.â
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