Caseflicks

Court of Appeals for the Fifth Circuit • 2022

E.T. v. Paxton

41 F.4th 709

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Takeaway

Background

Texas Governor Greg Abbott issued Executive Order GA-38 during the COVID-19 pandemic. The order barred governmental entities, including school districts, from requiring anyone to wear a face covering. Texas Attorney General Ken Paxton sought to enforce the order against school districts that adopted mask mandates.

The plaintiffs were seven Texas public-school students with disabilities and medical conditions that, according to their physicians, made COVID-19 especially dangerous for them. They alleged that without mask mandates, they could not safely attend in-person school and were denied equal access to education under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. They sought declaratory and injunctive relief against state officials, ultimately proceeding against the Attorney General.

After a bench trial, the district court held that GA-38 conflicted with, and was preempted by, the ADA, Section 504, and the American Rescue Plan Act insofar as it prevented school districts from adopting mask mandates needed as disability accommodations. The court permanently enjoined Paxton from enforcing GA-38 against school districts. Paxton appealed, and the Fifth Circuit stayed the injunction pending appeal.

Issues

Issue #1

Whether the students established an injury in fact sufficient for Article III standing.

Holding

No. The students did not prove a concrete, actual or imminent injury to a legally protected interest.

Reasoning

The majority treated the asserted injury as an increased risk that the students would contract COVID-19 at school and suffer serious complications. Under Fifth Circuit precedent, an increased-risk injury must be particularized and supported by evidence of a certainly impending harm or a substantial risk of harm. The students did not show that infection or serious illness was sufficiently likely because of GA-38.

reasoning ignored?