Harris County Judge Lina Hidalgo sued over face mask requirement
KPRC
April 23, 2020
HOUSTON – A Houston-area doctor who is also a conservative political activist is suing to block Harris County Judge Lina Hidalgo’s recent order requiring residents over 10 years old to wear face masks in public places for 30 days, with some narrow exceptions.
"The rights we enjoy under the Texas Constitution are being trampled on by Judge Hidalgo, while millions of individuals have lost their jobs and thousands of businesses are on the brink of bankruptcy," Dr. Steven Hotze's petition to the Harris County District Court reads. "If Judge Hidalgo's Order is not declared unconstitutional and void, once this virus passes, the rights we are afforded under the Texas Constitution will forever be damaged."
The suit claims Hidalgo has exceeded her authority by implementing orders more restrictive than those of Gov. Greg Abbott, which take precedence. It also claims that the Disaster Act limits Hidalgo’s powers to those explicitly outlined in the statute, which “does not contain any language forcing private citizens to wear masks, wash their hands, refrain from touching their face, or stay 6 feet away from another under the threat of fines.”
Hidalgo's order, signed Wednesday and slated to take effect Monday, comes after similar measures were taken by local officials in Austin, Dallas and Laredo to slow the spread of the new coronavirus. According to the order, violations are punishable by a $1,000 fine and up to 180 days in jail.
Jared Woodfill, who is representing Hotze, said Hidalgo must show a compelling governmental interest and ensure the infringement on private residents' rights is narrow; he believes she's satisfied neither requirement.
"This is clearly the most egregious order that I've seen from an elected official regarding this COVID-19 pandemic in the entire country. I haven't seen any that have gone this far," he said, referencing the hefty fine. "This sets horrible precedent for future viruses and future elected officials who will come in and say, 'Well, look at what Judge Hidalgo did. We can do the same thing.'"
He expects there will be a hearing on a temporary restraining order by Friday. If denied, Woodfill said he will immediately appeal to the Texas Supreme Court. In the meantime, a rally called "Let Freedom Ring" is planned to take place outside Hidalgo's office at 3 p.m. Thursday.
Hidalgo could not be immediately be reached for comment.
Hidalgo’s decision quickly drew criticism from Republican elected officials like Lt. Gov. Dan Patrick and U.S. Rep. Dan Crenshaw, R-Houston. Attorney General Ken Paxton emphasized that police officers should “use discretion” and focus on dangerous criminals posing a threat to the community. Nearby Galveston and Montgomery counties made clear they would not be following Hidalgo’s lead.
EDITOR'S NOTE: Hotze is far to the right of Attila the Hun. I really don't think he gives a shit about the face mask order ... he just wants to keep his fading star in the spotlight.
3 comments:
From Galveston County Judge Mark Henry:
Galveston County will not be issuing any orders mandating citizens to wear masks or face coverings in public. America was built upon the fabric of individual liberty and freedom. It’s important now more than ever that we stress personal responsibility.
Covering your face while in public is being recommended by national and local health authorities. While we encourage that you consider these recommendations for your own safety and the safety of others around you, I will not be mandating it because I believe it is unconstitutional to do so.
Just as critical as getting our economy back up and running, it is important that elected officials uphold their oaths to defend the Constitution and ensure individual freedoms remain in tact during and after this pandemic.
I look forward to Gov. Abbott’s directives and orders in the days and weeks ahead to get our state and county back open while focusing on public health and our economy.
IMO, which is worth about 2 cents, the Texas Appeals Court has already found the order Harris county order to be unenforceable when they determined that Governor Abbott's bail order couldn't be enforced because "the constitution" hasn't been suspended. Seems to me that all the orders issued by officials and judges are void at this point.
Had to go to Pasadena today. Facemasks are running 50/50. Mainly middle aged W/M's not wearing them.
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