View All Posts

Nov 10

November 10, 2020 TML Coronavirus Update #147

Posted on November 10, 2020 at 2:44 PM by TML Staff

Urgent Updates


Are there any recent developments in the struggle between state and local governments when it comes to emergency authority during the Coronavirus?


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 businesses. 


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 precedent. 


State attorneys said they plan to appeal the ruling. 


Further Updates


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 Updates?


TML Coronavirus Updates are archived by date here and by subject here.