City Of San Antonio: City, County Seek To Regain Emergency Powers Usurped By Governor

Press release from the City of San Antonio:

August 10, 2021

CONTACT: Covid19media@sanantonio.gov

Laura Mayes, City of San Antonio, 210-207-1337
laura.mayes@sanantonio.gov

Bruce Davidson, Office of Mayor Ron Nirenberg, 210-207-8998
bruce.davidson@sanantonio.gov

Monica Ramos, Bexar County, 210-335-2742
monica.ramos@bexar.org

Questions from the general public:
Preguntas del público:
COVID-19@sanantonio.gov
COVID-19 Hotline: 311

SAN ANTONIO (Aug. 10, 2021) — The City of San Antonio and Bexar County today filed a lawsuit challenging Gov. Greg Abbott’s authority to suspend state laws that give local officials the needed authority to cope with an emergency.

The lawsuit was filed in state District Court in Bexar County and asks for a temporary restraining order (TRO) to prevent enforcement of the governor’s latest emergency order.

If the courts grant the TRO, the San Antonio Bexar County Health Authority will immediately issue an order requiring masks in public schools and requiring quarantine if an unvaccinated student is determined to be in close contact with a COVID-19 positive individual.

“We are challenging the governor’s authority to suspend local emergency orders during a crisis such as the COVID-19 pandemic,” said Mayor Ron Nirenberg. “Ironically, the governor is taking a state law meant to facilitate local action during an emergency and using it to prohibit local response to the emergency that he himself declared.”

The Governor's executive order suspends local governments' authority to act to protect public safety under statutes enacted by the Legislature, including a 1975 law giving mayors, county judges and some public health officials the authority to enact emergency measures during a public health crisis.

As the county’s Local Health Authority, Dr. Woo has the authority to issue emergency health directives requiring public schools to follow guidance – such as wearing a mask – to prevent the spread of COVID-19. Students under the age of 12 are not eligible for a COVID-19 vaccination.

Gov. Abbott has prohibited medical authorities and school districts from requiring masks for unvaccinated students. He also has blocked local government agencies from requiring their employees to wear masks.

“As the school year begins, the health of our students, especially those under 12 who are not eligible to be vaccinated, are being put at risk. The pandemic is not over. We need to continue to utilize every tool we have to combat the very contagious delta variant. We have come too far to allow our students to be super spreaders and put more lives at risk,” said Bexar County Judge Nelson Wolff.

If you are experiencing COVID-19 symptoms, get tested. Some infected individuals could carry COVID-19 without experiencing symptoms. Please consider getting tested when feasible. A list of testing locations is available here: https://covid19.sanantonio.gov/What-YOU-Can-Do/Testing#TestingLocation

Those with questions about vaccinations or searching for a vaccine location can visit https://covid19.sanantonio.gov/What-YOU-Can-Do/Vaccination

For more information visit covid19.sanantonio.gov.

This press release was produced by the City of San Antonio. The views expressed here are the author’s own.