Tom Melsheimer Successfully Leads Legal Team Fighting Mask Mandate Ban in Texas Public Schools

U.S. District Judge Lee Yeakel recently struck down Texas Governor Greg Abbott’s executive order banning public schools from imposing mask mandates, holding that it is in violation of federal law. The reach of that violation includes the Americans with Disabilities Act and the U.S. Rehabilitation Act of 1973—both of which prohibit discrimination on the basis of disability—and the American Rescue Plan Act.

Winston & Strawn Partner Tom Melsheimer, leading the legal efforts of a group of students with various disabilities and medical conditions as well as the advocacy group Disability Rights Texas, told the Austin American-Statesman that the verdict will have a far-reaching impact.

“Going forward, school districts all over the state will be free to follow sound medical science and common sense to protect the most vulnerable among us. Who can reasonably object to such a result?” Tom said.

The ruling blocked enforcement of Governor Abbott's executive order only as it pertained to schools. The governor’s ban on mask mandates imposed by city and county governments or public health officials remains in place.

For more information on the ruling, read the full article here.