VIRUS CASES up 350% in Texas city.

El Paso County shutdown order meets state resistance

Even with an additional 100 beds at the University Medical Center and an outdoor tent, the hospital at El Paso, Texas, is so full it’s sending patients to a children’s hospital and airlifting patients critically ill with the novel coronavirus to other cities.

In April, the hospital had 67 hospitalizations from covid-19 — on Thursday, there were 937.

With surging infection rates and hospitalizations that have risen more than 350% this month, El Paso County Judge Ricardo Samaniego on Thursday ordered a two-week shutdown of all nonessential businesses.

“What I am doing now is not anything that has not been tried, but things that have worked not only for our community but for other communities as well,” Samaniego, a Democrat, said at a news conference announcing the order.

But within hours of his announcement, El Paso Republican Mayor Dee Margo questioned whether the order was legal, and Texas Attorney General Ken Paxton, a Republican, quickly said it violated executive orders from Republican Gov. Greg Abbott allowing businesses to reopen in limited capacity.

“El Paso County Judge Samaniego has no authority to shut down businesses in El Paso County,” Paxton tweeted from the attorney general account. “This is a direct violation of Gov Abbott’s executive order. My office is quickly exploring all legal actions.”

The county judge acknowledged Thursday that his shutdown contradicted the governor’s order, but added that he had consulted with health care experts, county judges and his legal department.

“I feel we stand in strong, sound, legal ground to do what I need to do at this point in time,” Samaniego said.

Abbott’s office has not yet commented on the county judge’s order, but the case sets up a political conflict at a moment when cases in Texas are rising. In the past week, there has been a 16% increase in infections, according to The Washington Post’s coronavirus tracker.

El Paso County has had more than 45,000 cases, with nearly 8,000 of those emerging in the past week, The Washington Post’s tracker shows. For several consecutive days, the average daily cases have exceeded 1,000.

“The hard truth is that the people who are dying are El Pasoans,” Samaniego said. “And I have a responsibility to do everything I can to protect El Pasoans.”

Abbott, meanwhile, has taken increasing steps over the past two months to open the state. In September, he issued an executive order expanding indoor capacity at establishments to 75%. And earlier this month, the governor allowed bars to open in “qualifying counties.”

Paxton has frequently argued that Abbott’s orders supersede local officials. In July, Paxton issued guidance to the state’s Education Agency that local authorities could not force schools to close because of local health directives, causing the organization to announce that it would no longer fund schools that closed because of coronavirus spikes.

Samaniego has taken other steps to try to quash the rising cases in his county. On Sunday, he ordered a citywide curfew from 10 p.m. to 5 a.m., to last until Nov. 8.

The county judge’s order Thursday would shut down nonessential businesses, including tattoo parlors, hair salons, nail salons, gyms, massage businesses and in-person dining. Samaniego said election activities are considered essential activities and services, and would not be affected by the order.

At Thursday’s news conference, Samaniego said he is “very cognizant and respectful of the governor’s orders,” but added that during an earlier visit to the city, Abbott said “local officials do have levels of flexibility to make sure they are able to contain the spread of covid-19.”

The county judge also said he had a recent discussion with Abbott that was “not fruitful,” adding that “I haven’t gotten the support and the flexibility to do the things I’ve wanted to do.”

Democratic Rep. Veronica Escobar, who represents El Paso, endorsed the county judge’s order, saying that the city needs “enforcements” to keep the virus at bay.