An appeals court rules against El Paso lockdown order amid Covid surge

to me The state appeals court rejected Friday night A stay-at-home order in El Paso County, even in West Texas The community requires mobile mortuaries For an increasing number of Coronavirus victims.

Eighth District Court of Appeals It ruled in favor of the state and local restaurant owners in their case against El Paso County Judge Ricardo Samanejo, informing him that there is “one captain of the ship” in terms of the response to Covid-19 – the governor of Texas. Greg Abbott.

Samaniego’s domestic directives cannot be allowed to override Abbott’s orders statewide, according to Jeff Ally, Chief Justice of the Eighth Court of Appeals.

“Because there must be a final decision-maker, the legislature introduced the tie-breaker tool and gave it to the governor in that his or her statements … have the force of law,” Ali wrote. “El Paso County can indicate that there is no equivalent authority granted to county judges.”

alley, Appointed to the position by Abbott last year, “Although it is not for us to judge the wisdom of choosing the legislature, the idea of ​​a single captain of the ship has intuitive appeal. Was the legislature really intending to mess a system that allows for 254 different county responses to a statewide disaster?”

Samaniego, Head of District Administration, Shutdown command Of non-core businesses on October 29 in an effort to slow the recent rise in Covid-19. The order is set to expire on Wednesday Before Samaniego extended it to December 1.

At least 741 people have died from Covid-19 in El Paso County, According to the health department Friday’s report, Up from 725 a day ago. There are now 1,132 coronavirus patients in hospital, of whom 317 are in intensive care, according to the province.

The sharp rise in cases prompted the province to do so Request 10 animated slicers to handle Overflowing corpses.

But local restaurants and Texas Attorney General Ken Paxton insisted that the Samaniego decree went far beyond Abbott’s executive order setting limits that could be placed on private companies.

Paxton praised the appeals court ruling He called Samaniego a “tyrant.”

Samanyigo criticized Paxton for gloating “instead of coming to El Paso to walk beside me by the mobile mortuary with 144 El Pasoan; or to send his condolences to the families of his 741 voters who have died of Covid-19.”

Even with the appeals court ruling, most businesses are limited to 50 percent and restaurants should close at 9 pm

The Court of Appeal called on both sides to “establish some independent restrictions in (boycott orders) that do not conflict with (state guidelines).”

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