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Court of Appeals denies Gov. Abbott's appeal, upholds Dallas County Judge Clay Jenkins' mask mandate

According to the opinion by the court, Abbott’s appeal “failed to show his entitlement to the relief requested.”

DALLAS COUNTY, Texas — Governor Greg Abbott’s appeal to strike down Dallas County Judge Clay Jenkins’ executive order mandating masks in schools and business has been denied by the 5th Court of Appeals Friday evening.

So, for now, Jenkins’ ordinance remains in place, which mandates masks in both schools and businesses.

According to the opinion by the court, Abbott’s appeal “failed to show his entitlement to the relief requested.”

Jenkins signed the new ordinance in a Wednesday afternoon news conference in defiance of Gov. Abbott's statewide order barring mask orders. Jenkins said he based his authority to do so on the Texas Disaster Act and argued that a Tuesday temporary restraining order authorized him "to take certain actions...for the safety and welfare of Dallas County citizens."

RELATED: Gov. Abbott, AG Ken Paxton challenge Dallas County judge's mask order

And the Court of Appeals opinion read that “In particular, applying the plain language of the Texas Disaster Act, we conclude Judge Jenkins demonstrated a probable right to relief that the Governor’s power to suspend certain laws and rules under section 418.016(a) does not include the power to suspend the Act’s grant of authority to mayors and county judges to declare and manage local disasters.”

After his victory, Jenkins Tweeted that “we should all be together; Team Human v. Virus.”