Opinion, Abbott v. Jenkins, No. 05-21-00733-CV, 665 S.W.3d 675 (Tex. App.--Dallas Nov. 22, 2021) (Nowell, J.), vacated (Tex. June 30, 2023)

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

Notes