Montgomery Co. Adopts Medical Freedom Ordinance
Montgomery County adopted the "Artificial Mandates Prohibited" ordinance, banning vaccine, mask, & testing mandates for businesses, schools, & local gov.
CONROE — In a decisive move to curb the return of pandemic-era health policies, Montgomery County commissioners officially adopted the Artificial Mandates Prohibited ordinance on Tuesday, July 25, 2023. The 4-1 vote, which followed an initial presentation of the draft on July 11, establishes strict prohibitions on vaccine, mask, and testing requirements within the county, asserting a preemptive stance against future public health mandates.
The ordinance, championed by County Judge Mark Keough, effectively bans private businesses, local governments, independent school districts, and special districts from mandating face coverings, proof of vaccination, or medical testing for entry or service. Violations of the measure are subject to fines of up to $1,000 per instance.
The ordinance defines the prohibited mandates as those not based on naturally occurring contagions, but rather those that are man-made, fear-induced, politically driven, or financially motivated.
Judge Keough, who led the effort, indicated that the county sought guidance from the Texas Attorney General’s office during the drafting process to ensure the measure aligned with the state’s broader legislative trajectory regarding medical autonomy. During the session, Keough emphasized that the ordinance serves as a protective barrier for residents’ constitutional rights.
The move comes as a response to years of public debate over the scope of government intervention in health decisions. During the July 25 meeting, a vocal contingent of residents championed the measure, citing a need to protect individual medical freedom and prevent a return to the restrictive policies that dominated the 2020 and 2021 landscape.
However, the policy has faced scrutiny regarding its scope and legal standing. Precinct 3 Commissioner James Noack, the lone dissenting vote, challenged the county’s authority to dictate the internal policies of private businesses. Noack characterized the ordinance as performative, questioning its enforceability and warning that it could invite future legal challenges against the county.
While the ordinance is sweeping, it includes specific carve-outs to avoid conflict with existing regulatory frameworks. Healthcare facilities, including hospitals and nursing homes, are exempt, as are private residences and facilities operating under federal or state jurisdiction, where different legal standards apply.
The ordinance also formally establishes the Montgomery County Medical Freedom Committee. This seven-member board, appointed by the Commissioners Court to two-year terms, is charged with reviewing medical and scientific studies and conducting public outreach on issues pertaining to health autonomy.
The debate surrounding the ordinance reflects a growing trend in Texas local government to solidify post-pandemic policy. As the county moves forward, the Medical Freedom Committee is expected to begin its review process, though questions remain regarding how local law enforcement and administrative agencies will handle reports of non-compliance in the private sector.
The full text of the ordinance and details regarding the new committee appointments are available through the Montgomery County Commissioners Court archives at mctx.org. The policy went into effect immediately upon the conclusion of the July 25 vote.