Judge rules shelter-in-place order can continue after resident sues Dallas-area mayor
A judge determined McKinney’s shelter-in-place order can remain in place after a resident sued the mayor over the city’s order, saying it conflicted with the county’s.
McKinney Mayor George Fuller issued a stricter stay-at-home order than Collin County’s county-wide rule, which deemed all businesses essential. While Fuller said he respected the county’s actions, he wanted McKinney’s order to go further to prevent the spread of coronavirus.
McKinney’s order closed many businesses that were deemed non-essential, which Fuller said would protect residents.
“As the safety, health and well-being of this community is our highest priority, I appreciate this critical ruling,” Fuller said about Tuesday’s ruling on Facebook.
Resident Derek Baker, a local real estate agent, filed for a temporary restraining order against Fuller’s order on Friday. He said the county’s more lenient order superseded Fuller’s, and McKinney’s shelter-in-place cost thousands of jobs.
While District Judge Jill Willis denied the TRO, Baker’s lawsuit against Fuller still stands unless Baker withdraws the suit.
Fuller and Baker said they talked on the phone Tuesday about reaching a compromise.
“He has the option of moving forward with the suit,” Fuller said. “I suggested we get together and we get to a place of understanding with the concerns he has.”
Baker said he filed the suit to defend those who lost their jobs due to Fuller’s order, but he is hoping he and Fuller can work together to balance people’s livelihoods with preventing the spread of the virus.
He said while the judge originally indicated to Baker that she would grant his TRO, McKinney changed the stay-at-home order to an ordinance over the weekend, making his motion inapplicable.
“The judge ruled correctly,” Baker said. “You can’t grant a TRO against an order that doesn’t exist.”
He also said since his business was deemed essential by the city, he can no longer sue on grounds that Fuller’s order causes him to lose business.
“So that’s great, but that wasn’t the point,” Baker said. “The point of the lawsuit was to protect all the other people who can’t work.”
The hearing for the TRO was originally set for Monday, but was postponed until Tuesday. Fuller said Sunday if the judge had overturned the shelter-in-place, he would have immediately issued another order.
Collin County’s shelter-in-place order
On Monday, Collin County commissioners extended the county-wide stay-at-home order to last as long as the state-declared emergency is in effect. The order was extended without any revisions being made with a 4-1 vote.
“I was so disappointed in the conversation that took place,” Fuller said. “They said, ‘We only have two choices, to approve this or not. I wish we had more.’ That wasn’t your only choice. The choice was the entire universe of what you can change. That was very frustrating.”
Collin County’s current order, which is more lenient than many surrounding counties, allows businesses to stay open as long as people maintain the 6-foot recommended distance.
“I don’t know what they’re thinking,” Fuller said. “I don’t think the best decisions are being made with regard to the order.”
As of Monday, 160 COVID-19 cases were reported in Collin County, including 31 cases in McKinney.
Fuller’s 19-year-old daughter tested positive for the virus on Monday. Fuller said he has been FaceTiming with his daughter, who is in self-quarantine.
He and his wife are being tested as well.
“I feel that we have not been compromised,” Fuller said. “But if I do (test positive), the one good thing is I’ll be able to run down and grab my daughter and hug her.”
This story was originally published March 31, 2020 at 2:42 PM.
