© Robert Daemmrich Photography Inc/Corbis via Getty ImagesTexas Gov. Greg Abbott and Attorney General Ken Paxton Robert Daemmrich Photography Inc/Corbis via Getty Images
- Texas Attorney General Ken Paxton said he would sue the City of Austin if it didn't lift its mask mandate.
- Texas lifted its statewide mask mandate Wednesday, but Austin's mayor said the city's would remain.
- Texas' statewide policy superseded any rules made by local authorities, Paxton said.
- See more stories on Insider's business page.
Texas Attorney General Ken Paxton said Wednesday he would sue the City of Austin, after it said it would still enforce mask-wearing.
Gov. Greg Abbott lifted Texas' statewide mask mandate via executive order GA-34 Wednesday, making Texas the largest state yet to do so. He also lifted other COVID-19 safety protocols, such as capacity restrictions on bars and restaurants.
On Tuesday, the day before the mandate was lifted, authorities for Austin-Travis County announced that a local mask mandate would remain in place until April 15 "to avoid another surge of cases."
The county has mandated face masks on business premises since July, and people can be fined if they don't comply. In the City of Austin, the mandate also covers when people are "outside of their residence" as well as those over the age of six when on or in City property.
Read more: 6 Texas business owners and hospitality workers say the state left them to fend for themselves by lifting the mask mandate. Here's how they plan to enforce their own rules.
After local authorities made the announcement, Paxton said Wednesday he would take legal action if both the city and county didn't lift their mask mandates.
"You and your local health authorities have until 6:00 p.m. today to rescind any local mask mandates or business-operating restrictions, retract any related public statements, and come into full compliance with GA-34," he said in a letter to Austin Mayor Steve Adler and Travis County Judge Andy Brown.
"Otherwise, on behalf of the State of Texas, I will sue you."
He added that the City of Austin and Travis County "will lose."
Abbott's executive order that removed COVID-19 safety protocol for businesses "supersedes local rules and regulations," Paxton said.
He said that only businesses could set mask mandates, and that the City of Austin and Travis County don't have the authority to threaten fines for non-compliance.
Adler responded just hours later, saying Abbott and Paxton were "simply wrong." He accused them of creating an "assault against doctors and data."
Adler also referred to February's devastating blackouts, when millions of Texans were left without power and clean drinking water.
"From the people who brought you no water and no electricity: no masks," Adler tweeted.
Paxton and his office haven't issued any further updates since the 6 p.m. deadline passed.
Fauci: lifting the mask mandate is "inexplicable"
Public-health experts, local businesses, and some government officials have criticized Texas' decision to lift its mask mandate.
Dr. Anthony Fauci, the top infectious-disease expert in the US, called the move "inexplicable" and warned it could lead to another surge in cases, while President Joe Biden called it "a big mistake" and a result of "Neanderthal thinking."
Some companies including Target, Macy's, and Kroger have said they will still require staff members and customers to wear masks inside stores.