From KTSM 9:
El Paso police says department will not enforce County Judge order
The El Paso Police Department (EPPD) announced that it will not enforce El Paso County Judge Ricardo Samaniego’s order to have non-essential businesses close for a two week period.
EPPD cited a statement from Attorney General Ken Paxton as the reason for the move.
It reads:
“In sum, County Order No. 13 is unlawful and unenforceable because it conflicts with the Executive Order GA-32. For these, reasons, we have advised El Paso County Judge Samaniego to immediately rescind or revise his order to make it consistent with GA-32 or face likely further legal action.”
As KTSM has reported, County Judge Samaniego announced a two-week shutdown for non-essential businesses starting Oct. 30.
This order is in violation of the Governor’s orders on shutdowns.
The fact is, shutdowns have proven to only delay infections, not stop them. Every time a location is locked down, shortly after the lockdown ends, infections go back up again.
This cycle of lockdown, release, and lockdown again is killing small businesses and killing people.
It’s good to see that the police refusing to enforce another (illegal) lockdown order.
States and Congress need to start impeaching and removing these fake judges who think they are executive branch dictators.
Especially since the judge has NO authority to do this whatsoever. The governor? Sadly, yes, he probably does (whether he SHOULD is a different subject). A county judge has no authority over it, except maybe to declare a governor’s order NON viable over some point of law. Say someone challenges a local lockdown, the judge can probably put it on hold until a higher court reviews the case. But the executive’s authority is pretty broad and strong in cases like this. It was meant to be used in emergencies, and so is not subject to dicking around by every petty judge with robes and a complex. If the executive exceeds authority, the remedy is generally that he is kicked out at the next election, or recalled. If it can’t wait, the courts can review it, but the assumption is usually that the order is valid until the court finds that it’s not. Of course that’s just LEGAL remedies; if the order is seriously out of line, the people always can just ignore, resist, or even fight back in various ways. None of that is actually legal, but it’s always an option. Especially among an armed populace. Call it an added layer of security.