Analysis: AG Paxton Rebukes Austin, Dallas, and San Antonio Leaders on COVID19 Orders
(Austin, TX) — Tuesday evening, less than five days since the City of Austin and Travis County extended its stay-at-home guidelines, Texas Attorney General Ken Paxton (R) issued a stern rebuke three of Texas's major metros San Antonio/Bexar County, Dallas/Dallas County, and Austin/Travis Co. in what has become a leadership tug-of-war between Texas Governor Greg Abbott (R) and municipal executives on public health policy.
The reality is this, the governor’s authority supersedes that of municipalities in this situation, and while the extent of that authority is being debated by some, the message to the average citizen is understandably confusing (for those trying to follow them, anyways).
Such orders include (depending on the municipality) tracking customers who visit certain restaurants, penalties for not wearing masks, and shelter-in-place demands, to name a few.
From Attorney General Paxton:
“Unfortunately, a few Texas counties and cities seem to have confused recommendations with requirements and have grossly exceeded state law to impose their own will on private citizens and businesses. These letters seek to avoid any public confusion as we reopen the state,” said Attorney General Paxton. “I trust that local officials will act quickly to correct any orders that unlawfully conflict with Texas law and Governor Abbott’s Executive Orders.”
The situation is not unlike what occurred here in late March regarding the classification of construction as essential.
There (on March 24) an Austin shelter-in-place guidance placed narrow restrictions on the type of construction allowed. This was subsequently overturned by the governor in March 31st order ordering that all construction be considered essential.
Gov. Abbott will announce Phase 2 of the plan to open Texas’s economy on Monday, May 18. This will most likely include increase to 50% capacity (from 25%) for re-openned businesses, as well as well other business openings.
LINKS:
Read the letter to Bexar County and the City of San Antonio here.
Read the letter to Travis County and the City of Austin here.
Read the letter to Dallas County here.
LPRESS RELEASE: AG Paxton Warns County Judges and Local Officials on Unlawful COVID-19 Orders (5.12.2020)
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// The Bingham Group