10/31/2020
Hello everyone,
I want to provide a summary of what has happened over the last two days. I know everyone wants specific direction about what to do, but at this point there are conflicting legal opinions and I can't give you legal advice. What I can do is provide you with all of the information so that you can make the appropriate choices for yourselves.
Remember, regardless of who may give you a citation or what any orders say, it is incredibly important that we all maintain personal responsibility and WEAR A MASK, STAY HOME except for essential activities, WASH YOUR HANDS, and BE CONSIDERATE to those around you.
Below is a summary of events (with links to all mentioned documents at the end):
The County Judge issued Order #12 (full text here) last Sunday (10/5) with the Governor’s approval. Order #12 includes the following provision: “All individuals currently living within El Paso County, Texas ARE ORDERED TO SHELTER AT HOME IN THEIR RESIDENCE. For the purposes of this Order, residences include hotels, motels, shared rentals, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain Physical Distancing of at least six feet from any other person when they are outside their residence.”
Order #12 also contains the curfew from 10 PM to 5 AM. *Last Sunday's Order #12 is still in effect and is fully enforceable with fines of up to $500.*
Thursday evening, the County Judge issued Order #13 (full text here) without the Governor’s approval. Order #13, which adds to and does not replace the previous orders, includes the following provision: “All individuals living within the County of El Paso are ordered to temporarily stay at home or at their place of residence. Effective Thursday, October 29, 2020 at 11:59 PM MDT, unless terminated or modified by a subsequent Order, the County Judge of El Paso County, Texas, deems it in the public interest to issue this Order, and orders that all individuals currently living in El Paso County, Texas to stay at home or at their place of residence except as allowed by this Order.”
Order #13 also contains provisions closing non-essential businesses and limiting dine-in service at restaurants, among other things. The Texas Attorney General issued an opinion contending that Order #13 goes beyond what is allowed by the Governor’s Executive Order, and that it is thus unenforceable. The Police Department has announced that they will not enforce Order #13, and the El Paso County Sheriff's Department has announced that they will enforce. A lawsuit has been filed by several local businesses and joined by the Texas AG.
I wish I could give you a more defined answer as to what decisions you should make for yourself. At this point, nobody has total clarity. A court will hear the case and determine what is valid or not valid. Regardless of the status of Order #13, the previous Order #12 from last Sunday is still in effect, as are all of the existing Emergency Ordinances, Emergency Directives, and Health Authority Orders.
Again, regardless of who may give you a citation or what any orders say, it is incredibly important that we all maintain personal responsibility and WEAR A MASK, STAY HOME except for essential activities, WASH YOUR HANDS, and BE CONSIDERATE to those around you.
Links:
Governor Abbott's most recent Executive Order No. GA-32:
https://gov.texas.gov/uploads/files/press/EO-GA-32_continued_response_to_COVID-19_IMAGE_10-07-2020.pdf
County Judge's Order No. 12 (Sunday 10/25):
https://epcounty.com/documents/Order-No-12.pdf
County Judge's Order No. 13 (Thursday 10/29):
https://www.epcounty.com/documents/Order-No-13.pdf
Letter from Texas Attorney General Paxton to County Judge (10/29):
https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/El%20Paso%20County%20Letter%202020-10-29.pdf
Texas Attorney General's Court Filing (10/30):
https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2020/Press/20201030_Plea%20in%20Intervention.pdf
All City Council approved Emergency Ordinances, Emergency Directives, and Health Authority Orders can be found at http://epstrong.org/health-orders.php#
Coronavirus COVID-19 health order for the City of El Paso.
