Special to El Rrun-Rrun
Everyone questioned the remarks made by Texas Gov. Greg Abbott when he called for a "soft opening" of the texas economy, especially since COVID-19 cases were on the rise in South Texas and across the state and the flattening curve was nowhere in sight.
All across the county, the pressure was on from some quarters by vociferous groups who advocated the immediate lifting or personal restrictions like wearing a face covering (mask) and maintaining social distancing to lower the likelihood of contracting COVID-19.And so last week - as Cameron County Judge Eddie Trevino and City of Brownsville Mayor Trey Mendez urged residents to stay at home and restrict their travel to essential purposes like getting medical services and acquiring groceries - Abbott removed the Stay at Home and travel restrictions by fiat.
And if Trevino and Mendez - both attorneys, by the way - had challenged Abbott on the declarations he made that those measures were no longer in place, some say they may have succeeded. According to the Texas Government Code, Abbott just cannot unilaterally tweak some orders and not others unless he adheres to the provisions in the code.
The only way he could have removed the city and county policies would be to, according to the code:
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 418. EMERGENCY MANAGEMENT
SUBCHAPTER A. GENERAL PROVISIONS
(b) Except as provided by Subsection (c), the state of disaster continues until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the extent that emergency conditions no longer exist; and
(2) terminates the state of disaster by executive order.
Abbott did neither A nor B (said the danger has passed, or that emergency conditions no longer exist) and has not terminated the state of disaster by executive order.
If Trevino and Mendez felt that Abbott was flying by the seat of his pants and endangering the citizens of their county and city, they very well may have prevailed because he was acting outside his own disaster declaration.
If Trevino and Mendez felt that Abbott was flying by the seat of his pants and endangering the citizens of their county and city, they very well may have prevailed because he was acting outside his own disaster declaration.
The question is: If they still feared for the health and safety of their citizens, why didn't they?