Appeals court set to rule Thursday on latest effort to halt Judge Samaniego’s shutdown order
EL PASO, Texas — A Texas appeals court is set to review a lower court ruling that upheld an order from El Paso County’s top elected official shutting down businesses while the region fights an alarming surge in Covid-19 cases.
The Eighth District Court of Appeals said it would decide on Thursday whether to grant a temporary restraining order that was denied last week by Judge Bill Moody of El Paso’s 34th District Court. It also planned to rule on the merits of the challenge by Friday.
The county’s top elected official, El Paso County Judge Ricardo Samaniego, ordered a two-week shutdown of non-essential activities that is due to expire this coming Wednesday, although he has suggested an extension is possible.
"I’ll be spending the next few days consulting with members of our medical community and hospitals in order to make a decision that is in the best interest of El Paso," Samaniego said in a statement Monday.
In issuing his ruling upholding the validity of Samaniego's order, Moody pointed out that during the Spanish flu pandemic in the early part of the 20th century, city and county elected officials had authority to respond as they “thought was necessary to protect the health and financial interests of their individual communities.”
The Texas attorney general’s office, along with a group of El Paso restaurant owners, is behind the appeal seeking to halt the judge's order. Attorney General Ken Paxton has argued that Samaniego’s mandate is illegal because it goes against Texas Gov. Greg Abbott’s statewide order to reopen businesses.
Samaniego showed no signs of backing down on Monday, however, saying he would "continue to hold firm and prioritize the health of the El Paso community above all else."
Among the non-essential services ordered closed by Samaniego were tattoo, hair and nail salons, as well as gyms and in-person dining. Grocery and drug stores, funeral homes, health care services and government activities were among the services deemed essential that remain open.
(The Associated Press contributed background to this report.)
