FORT WORTH (CBSDFW.COM) – Fort Worth Independent School District plans to appeal a judge’s order stopping it from enforcing a face-covering rule in schools, and argues that because of the appeal, the order is automatically suspended in the meantime.

The argument appears to give the district a way to require masks when students return to school after Labor Day.

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The appeal follows what appeared to be a win for parents Friday who have pushed back against the district’s attempts to enforce a mask rule. Judge John Chupp granted a temporary injunction against the district’s rule until a January trial, or until circumstances change, according to the order.

He found the rule was in violation of Gov. Greg Abbott’s executive order preventing schools from making blanket mask rules.

The order also specifically instructed the district to inform employees of the injunction and let them know violations could come with sanctions.

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Fort Worth tried to enforce a face-covering rule before school started in August but was stopped when parents filed for an emergency restraining order.

While other districts around the state have had success in challenging Governor Greg Abbot’s order prohibiting face-covering policies, the FWISD board has instructed Superintendent Kent Scribner only to enforce the rule when it would no longer be in violation of a court order.

Fort Worth ISD released the following statement:

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Last month, the Fort Worth ISD Board of Education directed Superintendent Scribner to implement a District-wide mask mandate “if and when” the District was able to do so legally.  We are monitoring the legal proceedings in this matter and relying on the advice of our attorneys. We will continue to update our Fort Worth ISD community of any changes regarding a mask mandate.