Texas Attorney General Ken Paxton is fighting a Democratic county judge’s effort to reinstate lockdown restrictions for two more weeks.
El Paso County Judge Ricardo Samaniego on Thursday ordered a two-week shutdown of all non-essential businesses in order to contain a recent spike in coronavirus cases in the area.
“When we focus strictly on public health and try to minimize the economy, that in essence was the reason that we were able to begin to open the economy. And I don’t want anyone to forget that we took measures that slowed down the economy and allowed public health to intervene and that’s when the economy started to open, and so what I am doing now is not anything that has not been tried, but things that have worked not only for our community but other communities as well,” Samaniego said at a news conference announcing his order.
Paxton challenged Samaniego’s authority to reinstate such harsh mitigation efforts in violation of an order from Texas Gov. Greg Abbott.
“El Paso County Judge Samaniego has no authority to shut down businesses in El Paso County. This is a direct violation of [Gov. Abbott’s] executive order. My office is quickly exploring all legal actions,” Paxton’s office tweeted out on Thursday.
El Paso County Judge Samaniego has no authority to shut down businesses in El Paso County. This is a direct violation of @GovAbbott’s executive order.
My office is quickly exploring all legal actions.
— Texas Attorney General (@TXAG) October 30, 2020
El Paso is currently experiencing a spike in coronavirus hospitalizations. According to the Texas Tribune:
For several days, El Paso has seen daily case counts that exceed 1,000 new infections, forcing the judge to install a curfew for residents from 10 p.m. to 5 a.m. Local hospitals announced earlier this week they were asking some patients with illnesses other than COVID-19 to be airlifted to other medical centers to free up bed space. More than 44% of people hospitalized in the El Paso area are being treated for COVID-19.
Samaniego said during the press conference that his order ran contrary to Abbott’s directive, but, after consulting with medical experts and his legal team, “I feel we stand in strong, sound, legal ground to do what I need to do at this point in time,” he said, according to The Washington Post.
The judge also paraphrased remarks by Abbott made in El Paso earlier in October to support his case.
“He stated, and I want to clarify, local officials do have levels of flexibility to make sure they are able to contain the spread of COVID-19,” Samaniego said. “I am hopeful the governor will recognize this is a short-term remedy.”
El Paso Mayor Dee Margo, a Republican, is also pushing back against the judge’s order.
“The judge did not consult me and refuses to return my call, so I am seeking confirmation from the attorney general on the new county order, which does not supersede the governor’s order,” Margo told The Dallas Morning News in a statement.
Abbott began a phased reopening of Texas after lifting its stay-at-home order on April 30. Some restrictions on capacity at non-essential businesses still remain in place.