AUSTIN, Texas — The U.S. Department of Justice, which is currently seeking to overturn Texas’ six-week abortion ban, this week showed solidarity with families of disabled children who are fighting Gov. Greg Abbott’s executive order prohibiting mask mandates.

What You Need To Know

  • Texas families of children with disabilities in August filed a lawsuit seeking to overturn Gov. Greg Abbott's executive order banning mask mandates 

  • The lawsuit claims the order violates the Americans with Disabilities Act as well as part of the Rehabilitation Act  

  • The Department of Justice this week filed a formal statement in federal court supporting the lawsuit 

  • The DOJ wrote that Abbott's order puts children, parents and school districts in an "untenable position"

The DOJ Wednesday filed a formal statement in federal court in Austin where one of the hearings on the lawsuit is taking place.

“It is well-settled that children with certain medical conditions, such as cerebral palsy, Down syndrome, and compromised immune systems are at a higher risk of severe symptoms from COVID-19,” the statement reads. “So, too, are children with more common disabilities like asthma and diabetes. To help ensure the safe return of students to school, the Centers for Disease Control has recommended ‘universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools, regardless of vaccination status.’”

RELATED: Lawsuit filed on behalf of 14 children claims Gov. Abbott’s mask mandate ban violates ADA

The lawsuit, filed in August by Disability Rights Texas on behalf of 14 child plaintiffs against Gov. Abbott and Texas Education Agency Commissioner Mike Morath, claims the mask ban puts children with disabilities at risk, is discriminatory and violates the Americans with Disabilities Act as well as Section 504 of the federal Rehabilitation Act.

Abbott’s executive order has created a great deal of legal back-and-forth in the state. Some school districts, such as Round Rock ISD, put masks mandates in place in defiance of the order only to be sued by Texas Attorney General Ken Paxton. Round Rock ISD, after initially being ordered to drop its mask mandate, was able to reinstate it on appeal.

“As alleged by the plaintiffs, the Executive Order puts them, their parents, and school districts in an untenable position,” the DOJ’s statement continues. “Plaintiffs allege that under Executive Order GA-38,Texas school districts have no discretion (without violating the order) to require any students or staff to wear a mask—whether district-wide, school-wide, in a single classroom, or in interacting with a single student —even if doing so meant that students at heightened COVID-19 risk could safely return to the classroom.”

Abbott has repeatedly stated that mask usage and vaccination should be a matter of personal choice.

The lawsuit is seeking a restraining order that would permit school districts and public health authorities to require masks for students and staff members as deemed necessary.

To read the complaint in its entirety, click here.