FORT WORTH (CBSDFW.COM) – Despite winning one court battle to keep mandatory masks out of schools, parents in Fort Worth made an emergency request Tuesday for another court to act, after it appeared there may be a way for the school district to mandate masks anyway.

The emergency motion to the Second Court of Appeals asked the court to keep an injunction preventing the Fort Worth Independent School District from enforcing a mask order in place, while it considers the case.

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The request comes after FWISD filed a notice to appeal a temporary injunction last week, and noted Texas law allows school districts to set aside an order from a trial court during an appeal.

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The district was not requiring masks when students returned to school Tuesday. The school board has instructed the superintendent to only enforce the order if and when it could do so legally.

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Four parents with children in the district first took legal action last month, after the superintendent announced students would not be required to wear masks to school, then changed his mind the next day.