Secured Headline-Grabbing Win Blocking Enforcement of Texas Governor’s Order Prohibiting Masks in Schools During Pandemic

Working with Disability Rights Texas, led a pro bono team to trial victory and Am Law Litigator of the Week recognition in a fast-moving federal civil rights lawsuit arguing that Texas Governor Abbott’s ban on mask mandates violated federal disability laws and forced children with disabilities to risk their lives to get an education. This was a headline-making win given the politically and emotionally charged issue. We filed the case in August 2021 on behalf of minor disabled public-school students, for whom contracting COVID-19 presents serious risks or death. Following an October 2021 trial, Judge Yeakel issued a final permanent judgment on the merits, enjoining enforcement of the order on the grounds it violated, and was preempted by, the ADA, the Rehabilitation Act, and the American Rescue Plan Act. This was the first federal case where a court granted a permanent injunction prohibiting enforcement of a state-wide anti-mask order.

The team’s win on this critical issue was extensively covered by legal and mainstream media outlets nationwide. The State of Texas appealed the ruling to the Fifth Circuit. In July 2022, a split three-judge appellate panel overturned the trial court's permanent injunction.