DALLAS — As COVID-19 numbers continue to surge, the subject of mask requirements is still a hot topic of debate.


What You Need To Know

  • Dallas County Commissioner J.J. Koch was escorted out of the court for refusing to wear a face mask

  • Before the meeting, all commissioners agreed to wear a mask and follow COVID-19 protocols

  • Judge Clay Jenkins ordered the bailiff to clear the court of anyone not wearing a mask, and Koch was the only one

  • Koch claimed Jenkins' order violated a recent state order by Gov. Abbott

At Tuesday’s meeting of the Dallas County Commissioners Court, Commissioner J.J. Koch was escorted out of the courtroom for refusing to wear a face mask. The Republican commissioner represents Precinct 2.

Democratic county judge Clay Jenkins asked Koch to don a mask, which has been proven to significantly reduce the transmission of COVID-19. When Koch refused, Jenkins then asked a bailiff to escort Koch out of the Dallas County courtroom. Koch gathered his belongings and left without incident. The meeting was paused to give the commissioner time to join the meeting from his office via teleconference.

Koch cited Gov. Greg Abbott’s executive order prohibiting mask mandates.

"You do not have the authority under the governor’s order,” the told Jenkins. “In fact, this morning I went to Starbucks and I have a mask. If you did things the right way and weren’t abusive of your power and very demeaning and condescending to your court mates.”

Before the meeting, all commissioners agreed to wear a mask and follow COVID-19 protocols.

Judge Jenkins ordered the bailiff to clear the court of anyone not wearing a mask, and Koch was the only one.

Many states, cities, businesses and schools have been scrambling to institute new mandates since last Tuesday when federal health authorities recommended that even fully vaccinated people should wear masks again in public indoor spaces in delta variant hot spots and urged universal masking in schools.

Not Texas.

In an executive order issued on Thursday, Gov. Greg Abbott, the Republican governor of the nation’s second-largest state, prohibited local governments and state agencies from mandating vaccines, saying that protection against the virus should be a matter of personal responsibility, not forced by a government edict.

The order also reinforced his prior directive prohibiting local officials from requiring face masks, despite growing calls from city leaders for greater flexibility to reverse the renewed spread of COVID-19.

“There will be no mask mandate imposed. And the reason for that is very clear, there are so many people who have immunities,” said Gov. Abbott on Wednesday, July 21

Dallas’ director of public health, Dr. Philip Huang, today told NBC News that he is considering returning Dallas County to the highest threat level, from orange to red.

In a Twitter exchange, Commissioner Koch reiterated his stance that Judge Jenkins’ order was not lawful.

“Happy to wear [his mask] as I have before,” he said. “But this is not a lawful order. I refuse to allow the judge to abuse his power and misrepresent the law.”