Dallas-area mayor says he will issue new shelter-in-place order if judge overturns it
A judge might overturn a Collin County city’s shelter-in-place order for being too strict, but the city’s mayor says the order is necessary to prevent the spread of COVID-19, and he will immediately pass another order if the judge rules against him Monday.
McKinney resident Derek Baker filed a lawsuit against the city’s mayor, George Fuller, after Fuller passed a stay-at-home order that went into effect Thursday. The order imposed business restrictions that were stricter than the county’s shelter-in-place declaration.
Baker, a real estate agent, said Fuller’s order is illegal because it conflicts with the county by declaring what businesses are essential or not, ruining thousands of people’s livelihoods.
“I am literally fighting for thousands of people that the mayor fired,” Baker said. “I know he did not do it maliciously, but he chose winner or loser by saying who’s essential.”
Fuller said he passed the stricter order for McKinney to limit the spread of the virus and save lives.
“I am going to follow science and data and those are the things that influence my inner compass,” he said.
He also said he is not at odds with Collin County’s judge, Chris Hill, and the two are “in complete harmony.”
“Judge Hill wants the same thing I do — the least amount of casualties and the best situation economically we can have under the circumstances,” Fuller said.
At a Monday hearing, the Collin County district judge will decide whether to issue the temporary restraining order, which would make Fuller’s order unenforceable. Fuller said if the judge overturns the shelter-in-place, he will immediately issue another one.
“The judge may very well grant the TRO, and if she does, I will issue another order,” Fuller said. “I’m not trying to be difficult. I’m trying to do what I absolutely believe in.”
Medical professionals, such as Dr. Mark Casanova, Dallas County Medical Society president, have emphasized that shelter-in-place orders are essential to flattening the curve and preventing spread of the coronavirus.
The shelter-in-place order
Fuller passed the stay-at-home order on Wednesday, one day after Collin County commissioners issued a county-wide stay-in-place order.
Collin County’s order, issued by Hill, ruled that all businesses are essential and could stay open as long as they follow social distancing rules like the 6-foot rule and the 10 people max rule. The order is much less strict than surrounding counties, which required many businesses to shut down.
Fuller’s order was similar to other counties — he ordered the shutdown of all non-essential businesses and listed what businesses could remain open, such as healthcare, infrastructure and take-out food services.
Fuller said while Hill had good intentions, people were confused by his county-wide order over what they could or could not do. And some people were not taking the stay-at-home order seriously enough, partially because of partisan politics and the spread of misinformation, Fuller said.
He and residents were concerned that if other counties had stricter shelter-in-place orders, some people would travel to Collin County — and McKinney — to shop or eat.
“We in McKinney needed some clearer direction and I think the judge has seen that himself,” Fuller said. “A lot of people identify or interpret what something means not by reading things themselves, they just go to social media and see soundbites.”
But Baker said he did read the orders and believes Fuller’s order violates Texas law, which he says allows a county judge to supersede a mayor.
Fuller said that is not the case. But both Fuller and Baker agree that the district judge indicated she would likely grant Baker his temporary restraining order.
Baker said he hopes that would force the mayor to pass “a lawful order.”
“So we can protect everyone and not starve people,” Baker said. “And I’m not being dramatic.”
Since filing the lawsuit, Baker said he’s received hundreds of phone calls and some death threats. He’s petitioned to shut down his real estate business entirely.
A hard balance
Baker said Hill’s order “had a perfect balance to protect people’s lives and protect people’s future.”
Since his business is considered essential and was not directly impacted by the shelter-in-place, Baker said he is not fighting for himself.
“This doesn’t hurt people like me, a successful top producing agent — or at least I was,” he said. “People who are hourly wage workers, who are single moms — those are the people it hurts the most, people who can’t miss one week of work.”
The debate between protecting the economy and protecting people’s health has become a national issue. President Donald Trump has bounced between wanting to open the economy back up versus limiting the spread of the pandemic.
Fuller said Trump’s press conference Sunday tremendously helps his case of shutting down McKinney businesses to save lives.
On Sunday, the president backtracked on his previous statement that the country would be reopened by Easter, instead saying the nationwide social distancing guidelines will remain in place for another 30 days.
Trump said cases could reach 2 million if the country “did nothing,” and up to 100,000 people could die even in a best case scenario.
Fuller said the president’s statements reflected a shift in the coronavirus discussion, which has been marred by partisan politics.
“And now with the president aligning with science and doctors, it’s a great moment in history,” Fuller said.
This story was originally published March 30, 2020 at 5:45 AM.
