Judge denies temporary injunction of County Judge’s ‘Stay at Home Order;’ Samaniego releases statement

Judge William E. Moody denied the request of a temporary injunction of  County Judge Ricardo Samaniego’s ‘Stay at Home’ order Friday afternoon, via the 34^th District Court’s YouTube channel.

The injunction had been requested by several local restaurants, and was joined by the Texas Attorney General’s Office, in opposition to the County Judge’s order, essentially shutting down in person dining, among other prohibitions within the County of El Paso.

During the brief, streamed proceeding, Judge Moody cited the original response of various Texas cities’ to 1918-19 Spanish Flu.  The Judge started the proceeding by complimenting all the attorneys working the case.

“First, I would like to commend all the attorneys in this case,” Judge Moody began.

“They have diligently researched the novel legal issues before this court; while they could not find any legal precedent to guide the court, they did find some historical precedent.”

Moody continued, as the attorney’s looked on, via their individual Zoom meeting windows.

“During one of the most deadly pandemics in human history, the Spanish Flu of 1918-1919, local Texas cities and counties responded to that similar crisis in various and different ways. Cities like Dallas and San Antonio developed their own unique responses to the deadly flu in the manner that their elected local officials felt was necessary to protect the health and financial interest of their individual communities. Those orders varied over time, depending on the severity of the spread of that deadly…flu.

I therefore issue this court’s order, denying the plaintiff’s and intervener’s request for a temporary injunction; Judge Samaniego’s order stays in effect.

Thank you and may God bless El Paso, God bless Texas and God bless our United States of America in combating this devastating pandemic.”

After a brief pause, Chris Hilton, on behalf of the Texas State Attorney General’s office simply stated that the state would appeal.

Friday evening, County Judge Ricardo Samaniego released the following statement:

• • Tattoo Parlors
  • Hair Salons
  • Nail Salons
  • Gyms
  • Massage businesses
  • In-person dining

• • Polling Sites
  • Schools that provide meal services
  • Childcare facilities
  • Grocery stores
  • Funeral services
  • All healthcare offices and facilities
  • Pharmacies
  • Government operations
  • Post offices
  • Retail-to-Go Services (and others listed in the Order)