OT: Just curious

I saw on the news last night that Texas Borders restaurant is defying the order to close. It made me wonder under just what statute or law, does the county judge or mayor get to tell people to close their businesses. Is the country basically under marshall law? I know there are lawyers on this board, what say you?

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The County Judge is the local law. Period. Here in Williamson County, we just found our first 5 patients, everything is about to close.

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It’s a Borderline call! Need to go to review monitor. Be back w answer in 30 days.

Maybe, but surely there has to be a written law so stating. I would like to know what it is and if the county judge may or may not be overstepping her legal authority. We are a country of laws and not a dictatorship, and that goes for the county as well as the country. No one person is the law, he or she only has powers given by the law. I want to know what law gives the power used to shut everything down.

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Not sure if certain laws apply in global crisis situation.

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My wife has a friend in Sun City who told her that they shut down all social activities.

Some of the activities at Sun City are a little too social…if you know what I mean. :slight_smile:

Chapter 418 of the Texas Government Code deals with emergency management. Specifically, with respect to county/municipal authority, Section 418.108(a) provides that “the presiding officer of the governing body of a political subdivision may declare a local state of disaster” and Section 418.108(g) provides that “The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.”

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Why would you assume she would act unlawfully?

Just because you don’t know, Mike, makes it a dictatorship?

BTW, she hasn’t “shut everything down.” In fact, she’s done very little. I’m guessing more will come.

In event, see generally Tex. Loc. Gov’t Code Ch. 418, see more specifically Tex. Loc. Gov’t Code sec. 418.108. There are probably more relevant provisions in the Government or Health and Safety Codes, but I’m done with this.

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Okay. ARH9295 beat me to it.

I don’t assume anything, I just wanted to know the law that gave her the authority. If you read my statement, you should be able to see that I said she has to be operating under the law because we aren’t a dictatorship, and wanted to know what it is. Thanks to ARH9295 I now know what law it is.

My main reason was to find out if Borders restaurant had any legal way to challenge the directive. If they did, I could understand the challenge, if they didn’t I wondered why anyone would buck it. I was thinking they must have consulted with an attorney before the challenge, otherwsie they would be setting themselves up for trouble.

Just saw on Click2 (KPRC) our governor declared Texas a health disaster. All schools closed, all restaurants are now only take out or delivery, and all bars have to close. Restaurants that serve alcohol can deliver with food being delivered. This is effective mid-night Friday and I believe through April 3.

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