Texas AG sues Austin for not lifting mask mandate

Texas Attorney General Ken Paxton is suing officials in Austin after they refused to enforce an order that ended a statewide mask mandate this week.

Texas on Wednesday announced the lifting of the mask mandate that required masks to be worn in public buildings and many outdoor spaces to help contain the coronavirus, along with an end to occupancy curbs on businesses.

But the city council in Austin, the state capital, voted to still require masks to be worn.

Austin Mayor Steve Adler, a Democrat, said his order to keep the mask mandate is legal because it comes from the health authority:

“It's the health authority's rules that by ordinance are enforceable. I think that follows directly from state law that says health authority rules can be enforceable to protect the public health… We're trying to save as many lives as we can. We do that by wearing masks, and we're going to continue to fight for that for as long as we can."

Several major retailers, grocery and restaurant chains in Texas have said they would still require masks to be worn in their stores.

In a March 10th letter sent to Austin Mayor Steve Adler and Travis County Judge Andy Brown, Attorney General Paxton said it was the businesses’ right to do that but that such a decision "does not rest with jurisdictions like the City of Austin or Travis County.”

Or as he put it on Twitter, "I told Travis County & The City of Austin to comply with state mask law. They blew me off. So, once again, I'm dragging them to court"

Texas was one of the first U.S. states to reopen its economy after the first wave of the pandemic last May. It also ranks near the top in total coronavirus deaths, behind only New York and California.