Tag Archives: Americans with Disabilities Act

Judge overrules Texas governor’s ban on mask mandates in schools

By Kanishka Singh and Sharon Bernstein

(Reuters) – A federal judge overruled Texas Governor Greg Abbott’s ban on mask mandates in schools, clearing the path for districts to issue their own rules.

Judge Lee Yeakel of U.S. District Court for the Western District of Texas ruled the governor’s order violated the Americans with Disabilities Act, a landmark 1990 federal law that includes protections for students with special needs. In his ruling, Yeakel said the executive order put children with disabilities at risk.

“The spread of COVID-19 poses an even greater risk for children with special health needs,” the judge said in the order. “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.”

Texas Attorney General Ken Paxton said he “strongly disagreed” with the ruling.

“My agency is considering all legal avenues to challenge this decision,” Paxton said on Twitter.

The issue of mandates to curb the pandemic has become politicized in much of the United States. Supporters of mandates say they are needed to fight the COVID-19 pandemic, and opponents argue they curb individual liberty.

Some school districts in conservative states where governors have forbidden mask mandates are ignoring the bans, but others feel compelled to enforce them. In Texas, numerous districts including those in Dallas, Houston, and San Antonio, have flouted the ban since it was first announced in May, but others came into compliance amid state pressure including a public list published by Paxton’s office.

In his order, Yeakel said the state could not enforce its ban on mask requirements in school, and also could not levy fines or withhold funds from districts that impose mask-wearing.

The order was challenged by disability rights activists on behalf of several Texas students with special needs.

(Reporting by Kanishka Singh in Bengaluru and Sharon Bernstein in Sacramento; Editing by Tom Hogue and Raju Gopalakrishnan)

Texas governor signs Republican-backed voting curbs, prompting lawsuit

By Brad Brooks

(Reuters) -Texas Governor Greg Abbott on Tuesday signed a law imposing a series of voting restrictions – the latest such measure enacted in a Republican-led U.S. state – and civil rights groups immediately filed suit to challenge its legality.

During a signing ceremony in the East Texas city of Tyler, Abbott said the voting restrictions are intended to combat voter fraud, while critics contend they are aimed at making it harder for minorities who tend to back Democratic candidates to cast ballots.

Civil rights organizations sued a group of Texas election authorities in federal court in the state capital Austin. The plaintiffs said the law unduly burdens the right to vote in violation of the U.S. Constitution’s First Amendment and 14th Amendment, while also saying it is intended to limit minority voters’ access to the ballot box in violation of a federal law called the Voting Rights Act.

Marc Elias, a Democratic lawyer who spearheaded the party’s election legal efforts last year, represents the groups, which include the League of United Latin American Citizens, Voto Latino and the Texas Alliance for Retired Americans.

It is the latest in numerous laws passed this year in Republican-led states creating new barriers to voting following Republican former President Donald Trump’s false claims that the 2020 election was stolen from him through widespread voting fraud.

The new Texas law prohibits drive-through and 24-hour voting locations and adds new identification requirements for mail-in voting. It also restricts who can help voters requiring assistance because of language barriers or disabilities, prevents officials from sending out unsolicited mail-in ballot applications and empowers partisan poll-watchers.

The Texas measure won final approval in the Republican-controlled state legislature on Aug. 31 in a special legislative session. Passage came after dozens of Democratic lawmakers fled the state on July 12 to break the legislative quorum, delaying action for more than six weeks.

Abbott and other Texas Republicans have said that the measure balances election integrity with ease of voting.

“It ensures that every eligible voter will have the opportunity to vote,” Abbott said at the signing ceremony. “It does also, however, make sure that it is harder for people to cheat at the ballot box in Texas.”

Election experts have said voting fraud is rare in the United States. Democratic opponents of the Texas measure said Republican legislators during debate over the measure presented no evidence of widespread voter fraud.

President Joe Biden, a Democrat, has likened the voting restrictions enacted in Republican-led states to the so-called Jim Crow laws that once disenfranchised Black voters in Southern states. Democrats in the U.S. Congress have not mustered the votes to pass national voting rights legislation that would counter the new state laws.

Democrats and voting rights advocates have said that the Texas legislation, formally called SB1, disproportionately affects Black and Hispanic voters – important voting blocs for Democrats – a claim denied by its Republican backers.

“Our clients will not waste a minute in fighting against this,” said Ryan Cox, a senior staff attorney at the Texas Civil Rights Project. “We anticipate that numerous organizations and groups of lawyers are going to be challenging different provisions of SB1 for different reasons.”

(Reporting by Brad Brooks in Lubbock, Texas; Editing by Will Dunham)