Follow him on Twitter or email him at [email protected] The Plaintiff raises claims under the state Constitution and local law. Monday, June 22, 2020 As Harris County's face mask order for businesses goes into effect Monday, ABC13 checked with other counties to see where they stand on possible mandates… This is her first crisis. The Fraud Hotline Number is 866-556-8181 or click here for more information. (heh … bonus points to the commenter there who reposted the S.G.’s prior ‘they are not effective …’ line). Gov. “The public will be safer with masks on,” Zabaneh said. TRO denials are ordinarily NOT appealable under Texas civil procedure (unless they have the practical effect of resolving a controversy in the same way a longer-lasting, evidence-based temporary injunction might). It seems unlikely me (a non-lawyer) that is going to succeed. Last week, he enacted the state’s first mask mandate. It’s a pandemic. You mean this order? Houston ISD and other schools across the region are working to get computers to all students for remote learning during the coronavirus shutdown. Huffman was encouraged to reissue the mandate by the CEOs of the Baptist, Methodist, Regional One and St. Francis hospital systems. Well, if you’re in NAMBLA, pretty much by definition…. "We need everyone to understand we’re in this for the long haul," Hidalgo said. Its not like Texans are swimming in surgical facemasks. Harris County Judge Lina Hidalgo on Wednesday ordered residents to cover their faces in public starting next week, the latest effort by local governments to slow the spread of the novel coronavirus. A coalition of 350 businesses last week called on Hidalgo to ease restrictions beginning May 1, warning that many firms cannot survive additional weeks of forced closures. Tate Reeves added 13 counties to a list of Mississippi counties under a mask mandate. Share on Facebook. Harris County Judge Lina Hidalgo extended the county's mandatory mask order Aug. 26. Here is the background section. Harris County law enforcement officers, including the fire marshal and constables, will be responsible for ensuring residents and businesses comply. The county judge struck a conciliatory tone Tuesday when asked about Abbott’s potential curtailing of local rules. That doesn’t mean they are Constitutional…. This is a case of odd terminology. Our goal is to create a safe and engaging place for users to connect over interests and passions. For example, Washington’s is RCW 43.06.220. CAVEAT: The above statement is an attempt at humor. One can quibble about the details – see e.g. Neither. The governor made the announcement during a briefing Tuesday, bringing the list to 54 of Mississippi's 82 counties that are under additional COVID-19 requirements. In 2017 he won the Best Feature award from the Association of Alternative Newsmedia for his feature on Venezuelan corruption in Houston and Miami. I have no idea why those arguments are relevant to what a state can compel. “This is a step people understand we need to take,” Hidalgo said. “Our officers work every single day to bridge the gap with our community and earn their trust, we will not stand idly by and allow Hidalgo to tear that bridge down, with her horrific leadership and echo chamber decision making.”. This. Harris County Judge Lina Hidalgo announced in a Friday press conference that county businesses will have to ensure their customers use face masks as of Monday, June 22. The plaintiff seeks a Temporary Restraining Order. Gay culture also has a problem with older men preying on young boys, often pre-pubescent. Extremely minimal burden on people’s freedom, no fundamental rights involved, lets people move about and exercise other rights without significant interference. Hidalgo says hold your horses. Hotze is not a “prominent conservative activist”. As Absaroka already pointed out, there’s the rather inconvenient threshold question of statutory authority for the actions of the executive officer, and from a review of the statute cited as alleged justification in this particular order, that authority simply doesn’t exist in this situation. Kroger offers masks for sale at front of stores as Harris County mask mandate rolls out. Why must I stop at a deserted intersection just to appease the know-it-alls in government? Almost daily city/county residents are suffering from the totally chaotic decrees and proclamations that roll out from the county judge and her firmly entrenched handlers. Kansas counties with mask mandates. I don’t think this is a time to stir things up.”. The Republican leaders of Montgomery and Galveston counties said Wednesday they would not do so, though both said they supported residents who choose to wear masks. 12.11.2020 12:15 PM, Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV, Christian Britschgi Can this lawsuit really succeed? Christian Britschgi Can the governor overturn the decision? The case’s filing got publicity for the plaintiff and his lawyer, the former head of the Harris County GOP (who normally practices family law). 3.Face coverings shall be worn except when: a.Exercising outside or engaging in physical activity outside alone; b.Alone in a separate single space, whether indoors or outdoors; c.In the presence only of other members of one's residence, whether inside or outside the residence; d.When doing so poses a greater mental or physical health risk, including exacerbating a pre-existing medical condition or including, but not limited to, anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the cover without assistance; 6.Residents shall wash their hands before leaving the residence and upon return, and shall take the following additional actions after leaving their residences: Violator would have to pay a $1,000 fine. JACKSON, Tenn. — Local officials announced a new mask mandate for Madison County. HARRIS COUNTY, Texas — Harris County Judge Lina Hidalgohas extended the county's face mask order, which requires all businesses within the county to require employees and customers … In short, the County Judge lacks authority to create new criminal offenses. Joe Biden said Thursday that he will ask Americans to commit to 100 days of wearing masks as one of his first acts as president, stopping just short of the nationwide mandate … but could be justified as regulating the manner of ingress. From the January 2021 issue, Charles Oliver Laredo on April 2 was the first Texas city to require residents to wear face coverings. Challenge to Harris County's Face-mask Mandate This case could head to the Texas Supreme Court soon Josh Blackman | 4.23.2020 7:15 PM Earlier this week, the Harris County Judge … Blue Angels fly over Houston, May 6, 2020, How to Make No-Sew, CDC-Approved Face Coverings. Terms Of Use, Challenge to Harris County's Face-mask Mandate, Shootings, Stabbings Mar a Weekend of Pro-Trump Protests. “America was built upon the fabric of individual liberty and freedom,” Galveston County Judge Mark Henry wrote in a statement. the gun store and abortion Covid debates of recent weeks – but just objecting to emergency powers laws in general strikes me as an argument that is not going to find much traction. RodeoHouston plans to return in May. Robby Soave He thanked residents for their sacrifices to date and said he would announce a plan Thursday to distribute 70,000 masks to vulnerable residents. Other than the fact that Texas gives county execs the title of Judge, what makes this particular case special that the County Judge should be held out for criticism on this point when others are not? Previously:Mississippi Gov. Houston ISD and other schools across the region are working to get computers to all students for remote learning during the coronavirus shutdown. Parker Harris… I doubt anyone is still following the comments on this post, but out of curiosity I looked up the case’s current posture online. On Wednesday Harris County Judge Lina Hidalgo issued the mandate during a press conference. She is also new to the role. In Hidalgo County (also in Texas), the county judge’s order is that one must wear a face covering, but not a medical grade mask unless one is a medical professional. “Let’s not get complacent. And this executive official is, as stated, “masquerading as a legislator.” What was your point? Harris County’s mandatory mask order will remain in effect at least until late August, Commissioners Court decided Tuesday. An Elvis statue with a mask, photographed Thursday, May 21, 2020, along 19th Street in the Heights neighborhood in Houston. It would override any local coronavirus measures regarding businesses reopening. Not eating broccoli can’t potentially kill or permanently injure others. Many people who have coronavirus do not show symptoms, and the disease can be spread through speaking, coughing or sneezing. Earlier this week, the Harris County Judge (the chief executive) ordered people to wear masks outside their residences, and wash their hands. Yeah, the only possible non-frivolous claim here is exceeding the powers of the office under state law. He’s a quack who sells snake oil remediates which the FDA had to tell him to stop doing. Could you link to the research you’re relying on for that proposition? Greg Abbott said Monday he would issue a new executive order Monday as part of his plan to reopen the Texas economy. Just use some Chief Justice Roberts logic and call it a tax. The election of a complete political novice, Ms. Lina Hidalgo, to the most powerful office in Harris County(Houston) is the direct result of a now thankfully discontinued Straight Party Ticket Vote format. Hopefully the Texas Supreme Court will overrule this latest blatant case of bureaucratic overreach and keep the judge on the path to being a one-term elected official! Houston firefighters are stretched thin. Steven Hotze, a prominent conservative activist in Texas. Our mayor was contemplating this sort of order, and instead made it a suggestion because its obvious that most people don’t have access to a mask, and the only way to reasonably impose such an order would be if she shipped boxes of masks to every household. What about the mandates to wear clothes, obey stop signs and center lines, and refrain from driving after a few beers? The Centers for Disease Control recommends wearing masks when social distancing is not possible, such as at a grocery store. Hint: Does “Less than 1% chance of being effective” meet the rational test? He expects a hearing to be set for Friday. Zach Despart covers Harris County for the Chronicle, including Commissioners Court and flood control. Here is an excerpt of the text: 2.When outside their residences and in a public place, residents shall continue to maintain social distance of at least six feet. Privacy Policy | The unions representing officers from the Houston Police Department and Harris County deputies, however, said their members are disinclined to do so. He is a New York native and graduate of the University of Vermont. Medical masks or N-95 respirators are not recommended as they are most needed by first responders and health workers. Harris County mask mandate draws criticism. Because, you fascist, she did it by fiat, not through any legislative process. Estela Fuentes, 53, fixes a protective mask at her home on Thursday, April 16, 2020, in Houston. Is this judge accountable to the executive branch or the Judicial branch? “The citizens of Harris County are working hard together through this pandemic and do not need the added stress and fear of being fined or arrested for failing to wear a mask/face covering they may not have,” Harris County Deputies Organization President David Cuevas said in a statement. But as America has more or less 8 million gay men and NAMBLA members number around a thousand, I’m not sure what your point is. First was the closure of the Houston Rodeo March 11, followed by restaurant and bar restrictions March 17 and the stay-at-home order March 24. Today, a challenge was filed to the County Judge's order. People who suffer from a "tendency for interpersonal victimhood" present themselves as weak, hurt, and vengeful. No comment on the legal authority of the official to issue this order, but from a substantive-rights perspective this is completely fine. There’s not a word in it about statutory authority for ordering mask usage. What part of the Constitution entitles the government to compel me to purchase or wear any clothing as I assemble with others or express myself? Harris says Gov. It isn’t true. It is responsible. What to Read Next. Check YouTube. Photo: Jon Shapley, Houston Chronicle / Staff photographer. The region still is susceptible to another wave of infections, she warned. HPD Union: GET STUFFED! If it reverts to Category 3, marked by a positivity rate of no more than 9%, the mask mandate will end. (and thanks, I always appreciate my B.S. Emily Deatherage poses while wearing a mask Thursday, May 21, 2020, along 19th Street in the Heights neighborhood in Houston. “What about the mandates to wear clothes,”. | What part of the Constitution entitles the government to compel me to purchase or wear any clothing as I assemble with others or express myself? Now, if you want to litigate against them, and you win, fine, but ‘it might be unconstitutional’ isn’t much of an argument, especially when it almost certainly is constitutional. I’m sorry, I was in the Boy Scouts when NAMBLA was running amuck, and while not all gays are pedophiles, the NAMBLA ones really are…. What’s a mental risk in this context? Thursday, the county board is scheduled to consider enacting a face-covering mandate. Durrett had found out nearly one week before the vote that her daughter has an auto-immune disease. U.S. Rep. Dan Crenshaw said mask guidelines made sense, but punishments would “lead us to government tyranny.”, Harris County Republican Party Chairman Paul Simpson blasted the rules as an “unenforceable power grab.”. I don’t know about the claims about the judge exceeding his executive authority though. Run it. Google up the Bexar County judge’s order, which takes care to lay out the line of authority carefully. Here are some simple instructions. Both mandates go into effect at midnight Nov. 25. Effective Monday, June 22, in compliance with the Harris County mandate, we are continuing the requirement that all customers and associates wear a mask … Emergency powers laws are common, nigh on ubiquitous. There’s not a word in it about statutory authority for ordering mask usage. “I think, in many ways, we are at a great place in terms of bipartisanship, particularly given the vitriol that was going on just before this crisis. Our hospitalization rate is increasing. (Whether the County executive has the power to issue such orders himself is a separate question from whether such an order is permissible in general.). The Harrison County Board of Health on Tuesday unanimously approved a … As a result, Durrett feels that the mask mandate will protect her daughter, and others like her, while at school. Harrison County Mask Mandate. “So are all the state governors, mayors and county executives everywhere else that have issued emergency stay-at-home and business closure orders.”. Hidalgo repeatedly has noted that Houston has suffered a far milder coronavirus outbreak than other major cities, including New York, San Francisco and Seattle. You may be thinking about the original stay-at-home order, which involves a completely different set of issues. | Now, we have mandates to wear masks and wash your hands. Accessibility | 12.10.2020 4:28 PM, © 2020 Reason Foundation | Jacob Sullum Follow him @JoshMBlackman. Or in the case of some of our Democratic Socialist betters, the mandates to wear fewer clothes. The internet has all sorts of ways to create a no-sew mask, and you can use a scarf, a bandana, etc. Hidalgo orders Harris County residents to wear masks in public, draws fire from police unions, GOP. 9.14.2020 6:23 PM. Julia Inés Ventura, 11, wears a protective mask during the COVID-19 outbreak as a way to keep her grandmother safe. Similar to those orders, Hidalgo said the mask rule is based on the recommendations of doctors. It has NOT gone to the Texas Supreme Court — a ridiculous prediction by the plaintiff’s lawyer that I was disappointed to see Prof. Blackman repeat in this post, since there’s an intermediate appellate court that would have to be heard from first and the Texas Supreme Court’s jurisdiction is generally discretionary. Gov. 4.23.2020 7:15 PM. Let’s see — a sexual act known to spread AIDS in the midst of an epidemic is a Constitutional right, but not doing something that has (at best) a 1% chance of being effective is not? Share on Twitter. Harris County Judge Lina Hidalgo speaks at a news conference, wearing a mask, to provide COVID-19 announcements and updates, including the new rules requiring everyone to wear masks while outside, in Houston, Wednesday, April 22, 2020. 12.14.2020 9:30 AM, Christian Britschgi Acceptable garments include a homemade mask, scarf, bandana or handkerchief. It will likely be administered primarily via suppository. A medical facility was set up to handle a possible overflow of COVID-19 patients from local hospitals. In a statement, Gamaldi said the union had reached out to Texas Attorney General Ken Paxton’s office seeking an opinion on the legality of imposing a criminal penalty or fine on someone for not wearing a face mask. Harris County's new mask mandate is in effect Monday. | The mask mandate in Harris County isn’t off to a great start. Harris County latest to mandate face masks Sami Sparber The Texas Tribune Apr 22, 2020 Harris County residents must cover their faces in public, … Girl Scouts respond to backlash over since-deleted tweet celebrating … I hear they’re coming out with lemon, raspberry, and orange flavored Clorox. That, I submit, was its purpose all along. So by definition, occupants of the county who never leave its boundaries cannot “ingress” into the “disaster area.”. In Texas, County Judges are executive officials. The governor's latest executive order adds Quitman, Jefferson, Franklin, Noxubee, Kemper, Amite, Coahoma, Sunflower, … In looking at the data, it is clear that a statewide mask mandate is in the best interest of our citizens. But he doesn’t claim that. She said her mom's friend made it, and that she has worn it since March 10. An appeal to the Texas Supreme Court will certainly follow. Maybe time for a little self reliance? Without addressing the specifics of this subthread, I’ll just offer the clarification that the County Judge is the equivalent of a County Mayor, and is the official responsible for coordinating disaster responses such as Hurricanes. “Now, we have mandates to wear masks and wash your hands.”, https://www.localheadlinenews.com/masks-are-mandatory-starting-saturday/. Search warrant outlines couple’s inconsistent statements after Maliyah... 1 man dead after shooting in Pearland Taco Bell parking lot, Man hit and killed by car on Houston's Highway 6. Someone who self-identifies as maskless and would have a hissy if wearing a mask? It is right.”. We used to have arguments about what the federal government, which quite notably lacks a general police power, could compel. 1 of 13 Harris County Judge Lina Hidalgo speaks at a news conference, wearing a mask, to provide COVID-19 announcements and updates, including the new rules requiring everyone to wear masks … Mostly law professors | Sometimes contrarian | Often libertarian | Always independent, Josh Blackman | Greg Abbott to let … Vanessa Torres, 42, who works from her home in Katy as a teacher of Spanish as a second language and as a writer wears a mask when she has to take care of things outside of her home. Hidalgo has yet to determine whether to extend the stay-at-home rules, which expire April 30. County judges have the authority to control “ingress and egress” from disaster areas, to define the limits of those areas, and to institute penalties not to exceed 180 days or $1000. Local leaders also face pressure to allow a return to normal life. ”. Houston Police Officers Union President Joe Gamaldi, a frequent critic of Hidalgo’s approach to criminal justice, called the order idiotic and said the “draconian” measure would erode bonds between officers and the community. Hidalgo has implored residents to heed the county’s restrictions on movement and commerce, however, warning cases could spike if residents drop their guards. The Harris County Auditor’s confidential hotline and website allow employees, vendors, grant applicants and the general public to anonymously report instances of fraud, waste or abuse of the County’s funds, resources and projects 24/7 in English, Spanish, Mandarin and Vietnamese. Regardless, no attempt has been made to seek an appeal. “It’s important now more than ever that we stress personal responsibility.”. Hidalgo, a Democrat, so far has avoided clashing with the Republican governor. So are all the state governors, mayors and county executives everywhere else that have issued emergency stay-at-home and business closure orders. This can be seen as a requirement for ingress/egress of a disaster area. The rights based claim of “freedom to abstain from wearing a mask” seems a bit like the “freedom to drive without a driver’s license”. Masks are a crucial tool to prevent a surge in cases as businesses and public spaces reopen, said Firas Zabaneh, an infectious disease expert at Houston Methodist. Harris County joins other places in the state like Bexar County, the city of Austin and others in issuing such an order. COVID treatment drugs touted by Abbott have done little to quell Lubbock’s crisis, Three Brothers Bakery founder Sigmund Jucker dead at 98, Off-duty HPD officer shoots man in Ben Taub parking garage, HPD officer suffers minor injuries in crash near downtown, MD Anderson only Houston spot so far with planned vaccine arrival. 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