The COVID Project
The record
- Jurisdiction
- Texas (Fifth Court of Appeals, Dallas) · Dallas-Fort Worth · Texas
- Level
- Court
- Authority
- Tex. Gov't Code ch. 418 (Texas Disaster Act of 1975); Tex. Civ. Prac. & Rem. Code § 51.014(a)(4)
- Issued
- 2021-11-22 Nov. 22, 2021
- Effective
- 2021-11-22
- End
- Vacated June 30, 2023 (MET-DFW-097) (read as 2023-06-30)
- In force
- Nov. 22, 2021 to June 30, 2023
- Limitation types
- Face-covering requirementCourts and public offices
- Addressees
- Governor Abbott and the State of Texas; Dallas County Judge Jenkins
- Functions reached
- chronology of the Q3 2021 Dallas County order
- Collection
- Dallas-Fort Worth MET-DFW
Operative words
On August 11, 2021, Jenkins issued an order... The order mandated that all commercial entities in Dallas County providing goods or services directly to the public develop and implement health and safety policies. Those policies must, at a minimum, require 'universal indoor masking for all employees and visitors to the commercial entity's business premises or other facilities.'... Following a hearing, the trial court granted Jenkins's request for a temporary restraining order (TRO)... The Texas Supreme Court found the TRO altered the status quo and stayed 'its effect... pending [the trial] court's hearing and decision on plaintiffs' request for a temporary injunction.'... On August 24, 2021, the trial court conducted a hearing on Jenkins's request for a temporary injunction... Following that hearing, the trial court entered an order granting the temporary injunction... The temporary injunction restrains appellants from enforcing paragraphs (3)(b), (3)(g), and (4) of GA-38 'to the extent those provisions prohibit Jenkins from requiring persons in Dallas County to wear, or mandate the wearing of, masks or face coverings in Dallas County'
Enforcement
Court judgment (affirmance)
Notes
Recites the Mar. 12, 2020 declaration, the Commissioners Court continuance, the Aug. 11, 2021 order, the TRO (Aug. 10), the stay (Aug. 15), the hearing (Aug. 24) and the TI (Aug. 25, 2021)
Retrieval noteOpinion delivered by Justice Nowell', not a memorandum opinion; the reporter citation 665 S.W.3d 675 is confirmed by MET-DFW-097 at 57 and MET-HOU-061 at 701).