Texas attorney general Ken Paxton warned officials in Austin, Dallas, and San Antonio, that the cities could face lawsuits if they do not relax coronavirus measures that go further than state law allows.
Paxton said the cities may not require citizens to stay at home and wear masks, calling the local emergency orders “unlawful.”
“We trust you will act quickly to correct these mistakes to avoid further confusion and litigation challenging these unconstitutional and unlawful restrictions,” Paxton wrote in letters to the mayors of Austin and San Antonio and three county judges in Travis, Bexar, and Dallas Counties.
Governor Greg Abbott allowed his stay at home order to expire at the beginning of this month, saying he will allow the state’s economy to reopen in phases and encouraging Texans to continue “safe distancing practices” as the state continues efforts to eradicate the virus.
The first businesses that were allowed to reopen this month are restaurants as well as retail stores, malls, theaters, libraries, and museums. Businesses that engage in close contact between people, such as hair salons and gyms, are not allowed to reopen yet, Abbott said, adding that he wants them to open “as soon as possible” and expects that to be in mid-May.
The governor said his statewide order overrides efforts by localities to enforce stricter social distancing measures. A judge in Dallas County said law offices must remain closed, while in San Antonio, essential businesses were ordered to provide masks for their employees. Dallas, San Antonio, and Austin also all issued directives to residents to cover their faces in public. The attorney general also said stay at home orders are “unenforceable” at this point.
“Your orders purport to strip Texans of their agency,” Paxton’s letter read. “Although your orders ‘require’ individuals to wear masks when they leave their home, they are free to choose whether to wear one or not.”
The letter also pushes back against local restrictions on religious services after Governor Abbot said places of worship could open as long as their follow safety measures.