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ABBOTT v. CITY OF EL PASO

No. 08-21-00149-CV.

668 S.W.3d 800 (2023)

Greg ABBOTT, in His Official Capacity as Governor of the State of Texas, Appellant, v. The CITY OF EL PASO, Appellee.

Court of Appeals of Texas, El Paso.

February 28, 2023.

Attorney(s) appearing for the Case

ATTORNEY FOR THE APPELLANT: Benjamin Dower , Assistant Attorney General, General Litigation Division, P.O. Box 12548, Capitol Station, Austin, TX 78711-2548.

PRO SE: Steven Wayne Smith, Texas Legal Guide, PO Box 1625, Georgetown, TX 78627-1625.

ATTORNEY FOR APPELLEE: Manny Arambula , Office of the City Attorney, 300 N. Campbell, 2nd Floor, El Paso, TX 79901.

Before Rodriguez, C.J., Palafox, J., and Ferguson, Judge, Ferguson, Judge (Sitting by Assignment).

OPINION

On July 29, 2021, Appellant, Governor Greg Abbott, citing the Texas Disaster Act, issued Executive Order GA-38 prohibiting local government entities, including a city, from requiring the use of face coverings. Several local Texas...

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