Appeals court rules against El Paso’s shutdown order amid Kovid’s rise

a State appeals court dismissed on Friday night Order to reside in El Paso County home as West Texas The community needs a mobile morgue For a growing number of Coronavirus victims.

Eighth district court of appeal His case against El Paso County Judge Ricardo Samaniago ruled in favor of state and local restaurant owners, saying Kovid-19 is only “a captain of the ship” in the context of the response – and it is the Texas government. Greg Abbott.

According to Chief Judge Jeff Elle of the eighth court of appeals, Ambot’s statewide orders may not allow Trump’s local instructions to Samaniego.

“Because there must be a final decision maker, the Legislature put a tie-breaker and gave the governor that in his declarations … there is force of law,” Elle wrote. “El Paso County cannot point to the same power given to county judges.”

Lane, Last year, Abbott was appointed to his post, Added: “And while it is not for us to judge the wisdom of the choice of the Legislature, there is a spontaneous appeal in the idea of ​​a captain of a ship. Does the Legislature really intend the chaos of a system that 254 DIFFERENT COUNTY REACTIONS Allows for. A statewide disaster? “

Samaniego, Chief County Administrator, Ordered off Non-essential business on 29 October in an effort to slow down the latest spike of Kovid-19. Was ordered to end on wednesday Before Samanigo extended it to 1 December.

At least 741 people have died in El Paso County from Kovid-19, According to a health department Report on friday, Above 725 a day ago. According to the county, the hospital currently has 3132 coronovirus patients, of which 317 are in intensive care.

Rapid rise in cases forced the county Order 10 Mobile Morgue Handling Overflow of bodies.

But local restaurants and Texas Attorney General Ken Paxton insisted that Samaniago’s decree far exceeded Abbott’s executive order, which outlines what limits can be placed on private businesses.

Paxton welcomed the decision of the appeals court And called Samanigo “Dictator.”

Samaniego blasted Paxton to destroy Peckton, instead of coming to El Paso to walk with 144 El Pasoan to a mobile mortgage, or to send his condolences to the families of his 741 constituents who died Kovid-19 .

Even with the appeals court ruling, most businesses are limited to 50 percent capacity and the restaurant should close at 9 pm

The appeals court has asked both parties (in the county’s orders to identify some stand-alone restrictions) that would not be inconsistent with state guidelines.