Are there any recent developments in the struggle between
state and local governments when it comes to emergency authority during the
Yes. Last Friday, a state district court judge, in a
one-sentence order, sided with El Paso County against a challenge to the
County’s October 29 order that temporarily closed nonessential
After the County had issued its closure order, a group of
local restaurants sued to set the order aside. Attorney General Ken
Paxton then intervened in the lawsuit on the side of the restaurants, arguing
that the shutdown order was preempted by Governor Abbott’s executive orders
as to business closures/openings.
Ruling for the County, the judge mentioned in the hearing
unique responses by Texas cities to the flu pandemic of 1918-19 as
State attorneys said they plan to appeal the ruling.
How can we help retain our city’s ability to make emergency
authority and other decisions that affect our residents?
The pandemic has demonstrated that cities can focus on local
needs in a responsive way that the state cannot. With the 2021 legislative
session right around the corner, it’s important to start engaging state
lawmakers and citizens in tackling the challenges that directly impact your
community. Join TML for our 2021 Legislative Series where we’ll discuss
the key city issues and our work ahead. Learn more and register.
Where can I find archived issues of the TML Coronavirus
TML Coronavirus Updates are archived by date here and by subject here.