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On Friday night, a state appeals court dismissed the El Paso County stay-at-home decision, even as the West Texas community needs mobile mortuaries for its growing death toll coronavirus.
The Eighth District Court of Appeals ruled in favor of the state and local restaurateurs in their case against El Paso County Judge Ricardo Samaniego, telling him there is only one sole captain of the ship in terms of Covid-19 response – and that’s Texas Gov Greg Abbott.
Samaniego’s local guidelines cannot be allowed to override Abbott’s statewide orders, according to Jeff Alley, chief justice of the Eighth Court of Appeal.
“Because there has to be a final decision-maker, the legislature inserted a tiebreaker and gave it to the governor in that his statements … have the force of law,” Alley wrote. “El Paso County cannot indicate any similar power granted to county judges.”
Alley, appointed to his post by Abbott last year, added: “And while it is not for us to judge the wisdom of the legislature’s choice, the idea of a ship captain has an intuitive appeal. . Does the legislature really intend to deal with the chaos of a system that allows 254 different county responses to a statewide disaster? “
Samaniego, the county’s chief administrator, ordered the shutdown of non-essential businesses on October 29 in a bid to slow the latest peak in Covid-19. The order was due to expire on Wednesday before Samaniego extended it until December 1.
At least 741 people have died from Covid-19 in El Paso County, according to a Department of Health report on Friday, up from 725 a day earlier. There are now 1,132 coronavirus patients in hospital, including 317 in intensive care, according to the county.
The sharp rise in cases has forced the county to order 10 mobile morgues to deal with the overflow of bodies.
But local restaurants and Texas Attorney General Ken Paxton have insisted the Samaniego Executive Order goes far beyond Abbott’s Executive Order which outlines the limits that can be placed on private businesses.
Paxton praised the appeal court decision and called Samaniego a “tyrant.”
Samaniego criticized Paxton for gloating “instead of coming to El Paso to walk by my side through mobile morgues with 144 El Pasoans; or sending condolences to the families of his 741 constituents who died from Covid-19”.
Even with the appeal court ruling, most businesses are limited to 50% capacity, and restaurants have to close at 9 p.m.
The appeals court called on both parties to “identify certain autonomous restrictions in (county ordinances) that would not be inconsistent with (state guidelines).”
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