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Judge Hidalgo Sued Over Mask Requirement
Posted on 4/23/20 at 5:21 pm
Posted on 4/23/20 at 5:21 pm
And here we go 
LINK
quote:
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."
LINK
14
Posted on 4/23/20 at 5:23 pm to Lsut81
my body,
my choice
Posted on 4/23/20 at 5:25 pm to Lsut81
How does a judge have the power to make this kind of declaration?
Posted on 4/23/20 at 5:26 pm to Brosef Stalin
quote:
How does a judge have the power to make this kind of declaration?
Posted on 4/23/20 at 5:29 pm to TrueTiger
quote:
my body,
my choice
Everyone who's guns were lost in a boating accident has asthma too... Thus, not required to wear one.
Posted on 4/23/20 at 5:33 pm to Lsut81
The Fifth Circuit decision about abortion in another thread on this page (which covers Texas, Mississippi and Louisiana) gives us guidance on how a federal court might rule on this.
LINK
quote:
[W]hen faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some “real or substantial relation” to the public health crisis and are not “beyond all question, a plain, palpable invasion of rights secured by the fundamental law.” Jacobson, 197 U.S. at 31. Courts may ask whether the state’s emergency measures lack basic exceptions for “extreme cases,” and whether the measures are pretextual—that is, arbitrary or oppressive. Id. at 38. At the same time, however, courts may not second-guess the wisdom or efficacy of the measures.
LINK
This post was edited on 4/23/20 at 5:35 pm
Posted on 4/23/20 at 5:35 pm to texashorn
Yep. Sadly judges have shite on constitution time and time again
Posted on 4/23/20 at 5:37 pm to texashorn
quote:
[W]hen faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights
Not a lawyer, but I would think this key word changes the situation?
Because the Gov is the one to declare a state of emergency and set guidelines? Am I wrong?
Posted on 4/23/20 at 5:39 pm to Lsut81
First we go about it this way. Then we summon the words of Thomas Jefferson in 1787....
Posted on 4/23/20 at 5:39 pm to Brosef Stalin
Not a judicial judge. You know how Texas is.
County Judge just means mayor of the county.
County Judge just means mayor of the county.
Posted on 4/23/20 at 5:39 pm to Lsut81
Good point. But the state has given the same powers to mayors and county judges.
The governor has stated that he can overrule any of them by executive order.
The governor has stated that he can overrule any of them by executive order.
Posted on 4/23/20 at 5:42 pm to rattlebucket
Another adjacent county not requiring face masks
quote:
Fort Bend County will not issue an order requiring residents to wear masks to stop the spread of the novel coronavirus, though the county judge “strongly recommends” wearing face coverings.
KP George, the county judge, issued the guidance Thursday for residents of the county in the wake of a mandatory mask order announced by neighboring Harris County a day prior.
quote:
Other counties in the region, including Montgomery and Galveston counties, released statements Wednesday saying they would not require masks for their residents. Both county judges said they did not believe they had the legal authority to do so.
Posted on 4/23/20 at 5:44 pm to texashorn
quote:
The governor has stated that he can overrule any of them by executive order.
Here's hoping Abbott gets up there tomorrow to announce full retail and restaurant openings tomorrow and issues an EO stating that he recommends masks be worn if people feel comfortable, but it is not mandated and will not be mandated anywhere inside of Texas.
Posted on 4/23/20 at 5:47 pm to Lsut81
quote:
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 six feet away from another under the threat of fines."
So if this Texas state district judge finds in favor of the plaintiff, even the governor can’t enforce social distancing or masks (the latter of which have already been adopted in Austin and Laredo, as well as Dallas and Titus counties).
...Unless the governor does have those specific powers...
This post was edited on 4/23/20 at 5:53 pm
Posted on 4/23/20 at 6:04 pm to Lsut81
quote:
Here's hoping Abbott gets up there tomorrow to announce full retail and restaurant openings tomorrow and issues an EO stating that he recommends masks be worn if people feel comfortable, but it is not mandated and will not be mandated anywhere inside of Texas
Couldn't agree more. Im in Austin. The mask hysteria is miserable. Had an employee lose their mind at the office a week ago because I wasn't wearing one. I'm now working from home til expiration of travis county judge order or Abbott override.
Posted on 4/23/20 at 6:13 pm to biscuitsngravy
Posted on 4/23/20 at 6:22 pm to biscuitsngravy
quote:
Had an employee lose their mind at the office a week ago because I wasn't wearing one
As long as they are wearing one, what do they care?
Posted on 4/24/20 at 10:20 am to Lsut81
Welp, looks like its got no teeth according to the mayor 
Knocked down by the person she is supposed to be aligned with
LINK /
Knocked down by the person she is supposed to be aligned with
quote:
HOUSTON – From early Thursday morning to the afternoon, Houston Mayor Sylvester Turner's message was simple.
"Fines, I'm not even focused on that," Turner said.
Turner made his position clear regarding Harris County Judge Lina Hidalgo's nose and mouth cover order. Houston Police Department will not fine residents.
LINK /
This post was edited on 4/28/20 at 4:11 pm
Posted on 4/24/20 at 10:25 am to Lsut81
I can’t believe she’s a judge
What the frick were you thinking Houston
What the frick were you thinking Houston
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