After a protracted hearing on the application for a temporary injunction following the granted TRO, Judge Chupp of the 141st District Court granted the requested injunction!
Judge Chupp explained his reasoning within the injunction, which included a reference to the Texas Supreme Court's language in the Bexar County suit:
"This case, and others like it, are not about whether people should wear masks or whether the government should make them do it. Rather, these cases ask courts to determine which government officials have the legal authority to decide what the government's position on such questions will be. The status quo, for many months, has been gubernatorial oversight of such decisions at both the state and local levels. That status quo should remain in place while the court of appeals, and potentially this Court, examine the parties' merits arguments to determine whether plaintiffs have demonstrated a probable right to the relief sought."
Lastly, the Temporary Injunction commands:
Now the lawsuit will proceed as in every other suit, with discovery, motions for summary judgment, etc., and a trial.
Norred Law is currently involved in no less than eight similar suits, either filed or in progress.
At some point, these out-of-control school districts will have to recognize that a district that willingly accepts the dangers involved in high school football programs and has bike racks in front of its elementary schools cannot then claim COVID is such a danger that educational systems abandon use of the face to teach. Every reasonable person should be able to admit that a teacher instructing a third grade child to spell "isosceles" will struggle more while wearing a mask.
Interestingly enough, counsel for Fort Worth ISD took their masks off while speaking at the court's podium, explicitly admitting by their behavior that their own communication is dramatically damaged by mask use. And in their case, everyone involved in the communication (witnesses, attorneys, court personnel, and the judge) had at least a college degree and was not trying to learn English or transfer complex ideas to young people.