DALLAS (CBSDFW.COM) – Dallas County Judge Clay Jenkins is suing Texas Gov. Greg Abbott over mask rules.

Judge Jenkins wants a temporary restraining order that would allow him to set mask mandates within Dallas County.

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Dallas County Health and Human Services reported 796 new COVID-19 cases on Monday, August 9 along with three more deaths.

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Currently, Gov. Abbott’s executive order bans any government entity in Texas from mandating masks.

Dallas County Commissioner J.J. Koch sued Judge Jenkins last week after Jenkins had him removed from a meeting for not wearing a mask.

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Judge Jenkins released the following statement on the matter:

“Earlier this evening I filed a Temporary Restraining Order and declaratory judgment in my official capacity as your Dallas County Judge against Governor Greg Abbott seeking to hold portions of GA 38 regarding mask mandates unenforceable.

The enemy is not each other. The enemy is the virus and we must all do all that we can to protect public health. School districts and government closest to the people should make decisions on how best to keep students and others safe.

I’ll do all I can to protect the public health and the people of Dallas County. I hope others will join me in following the science and listening to local doctors and the CDC to act swiftly and decisively.

This is about ensuring there’s adequate medical resources and, hospital bed capacity to take care of people with COVID and any other condition that requires medical care or hospitalization. Ultimately, it is about saving lives and saving and protecting children.”

CBSDFW.com Staff