Appeals court orders injunction to halt El Paso County’s shutdown order; AG calls Samaniego ‘a tyrant’
EL PASO, Texas -- A state appeals court late Friday found that a lower court erred when it declined to grant a temporary injunction halting El Paso County's shutdown order for non-essential businesses.
The Eighth Court of Appeals sent the case back to the lower court, directing District Court Judge William Moody to impose the injunction.
That means County Judge Ricardo Samaniego's recent orders imposing a shutdown of non-essential businesses and imposing a curfew to slow the spread of Covid-19 cannot be enforced.
A group of restaurant owners and the state of Texas had sued Samaniego and the county, claiming that he overstepped his authority by issuing mandates that conflicted with Gov. Greg Abbott's less-restrictive directives.
In their 2-1 decision, the appeals judges wrote of the conflict, "we conclude the Governor’s order would prevail."
"Pick whatever type of disaster you might, from toxic chemical releases, earthquakes, oil pipelines leaks, to pandemics--and there could be good faith differences of opinion on the proper response," the ruling said. "Because there must be a final decision-maker, the Legislature inserted a tie breaker and gave it to the governor in that his or her declarations have the force of law."
State Attorney General Ken Paxton issued a statement applauding what he called "an outstanding decision" by the appeals court decision and referring to Samaniego as "a tyrant."
Samaniego replied a short time later, saying it was unfortunate that Paxton "finds the opportunity to gloat instead of coming to El Paso to walk along side me by the mobile morgues with 144 El Pasoans; or send his condolences to the families of his 741 constituents who died of Covid-19."
Samaniego said he didn't "believe it would be fruitful" to appeal the case to the Texas Supreme Court, but he vowed "to use my legal authority to do everything possible to protect our community."
While the appeals court struck down the closure of non-essential businesses and the nightly curfew, it left intact the following restrictions which can still be enforced:
- Business occupancy limits are set at 50%
- All restaurants must cease all dine-in services by 9 p.m.
- Gatherings remain limited to no more than 10 people
- Bars must remain closed
- Masks remain mandatory in public
You can read the court's full ruling and the statements from Samaniego and Paxton below.
I guess El Paso is too far for Paxton to comprehend that we too are his constituents. I intend to use my legal authority to do everything possible to protect our community. I pray that his rhetoric won’t discourage our courageous healthcare workers..we will always be grateful!
— County Judge Ricardo Samaniego (@EPCountyJudge) November 14, 2020
Let’s see if the loudmouths Madmike and his 5 peckerwoods go out to restaurants. They just bark all day but are stingy old white men.
I went to Village Inn last week during the ‘shutdown’ and will be going out to dine Sat and Sun.
Village Inn? Pretty sad fare.
Why is that?
More than your welfare-sucking ass can afford, alberto!
Dan Anderson, you going to Village Inn is from the book of “Who Cares!!” You could eat out of a dumpster and no one would still give a rat’s behind.
Yes, but the point is they were open during the shutdown last week for dine-in.
We went to Thyme Matters, asshat.
Madmike you can’t afford rhyme matters.
Unlike you alberto, I have two federal retirements and social security, not to mention my federal Thrift Savings Plan has over $900,000, not counting IRA’s and investments. Where as you, are a peasant, living off of welfare and a small social security allowance.
Your idea of a big outing is Taco Bell, because that is all a loser POS like you can afford. You destroyed your future in the early 1970’s, when you got caught using drugs and being a cross-dresser in the Navy.
For the love of the Gods end this drama and and just follow the governors order por favor.
Oh fero2a aka DanLAnders aka AlbertVelarde (not him) please don’t use God with all your hateful opinions. Just shows your hypocrisy and although I wish you would catch Covid 19 and die, it is just a passing emotion.
If I had an active case, I would damned sure give it to you.
So says the drama queen herself (fero2a) lol.
Why they don’t have women.
AG still butt sore from trumps ass whippin’
Quarantine is restricting the sick. Tyranny is restricting the healthy.
jcG thinks this is tryanny lol. She needs to read a book.
We’re just delaying the inevitable. Even with the vaccines on the way we’re headed for a nationwide shutdown to save lives.
Say goodbye to the House and welcome a super majority to the Senate in less than 2 years if Biden even attempts nationwide shutdown. And get ready for Trump..or worse..in 2024
trump has not ever done anything to deal with Covid 19. That is nothing to be proud of fero2a. trump will be behind bars in 2024 my dear.
There’s nothing that can be done other than immunity via natural or vaccine.
Not according to your boy Fraudchi.
From Governor Abbott, today – #COVID19 antibody therapy medicine will be distributed next week to hospitals across Texas.
It has been shown to prevent hospitalizations in some patients when used before they become very sick, and there will be no cost to patients.
Samaniego is a wannabe tyrant. Like the head of a home owners association. Given a little power, he turns into a little Hitler.
sam the diego is a tired old senile man just like lying biden. They need to be in a rest home for the mentally challenged. Just like alberto pedo muerto and it 25 sick personalities.
There’s nado! How do you like your new president elect Vato?
Support your local businesses. Dine in, take out, whatever. Then don’t visit the vulnerable or have them visit you for holidays. Stop inviting 12 people over to watch the Cowboys lose because you don’t know where they’ve been. A little common freakin sense goes a long way.
I watch the packers WIN alone so I’m doing my part.
Biden/Harris 2020!!!!!!!!!!!!!! Consafos!!!!!!!
Samaniego is little more than a wannabe dictator. Vote his ass out next election.
Maybe Lord Samaniego should walk along side the 100,000 residents of El Paso County, he helped to be unemployed and bankrupt.
FOX-14 is reporting that asshat Samaniego is working on another “Fuhrer Directive”. He must love getting his leftist ass handed to him in court.