Fort Worth suburb plans to reopen some businesses. Abbott says no exceptions to order.
Colleyville restaurants with patios can start serving food and salons can open by appointment starting Friday.
Mayor Richard Newton issued a proclamation late Monday afternoon on the city’s website stating that he was amending a March 24 disaster declaration to allow limited openings of some businesses.
Tarrant County Judge Glen Whitley on Tuesday said he has seen Colleyville’s proclamation.
“I do believe that this could very well be in violation of the governor’s orders,” he said, adding that he didn’t think individual cities and counties could be more permissive than Texas Gov. Greg Abbott’s orders.
Whitley said he didn’t think the county could do anything about Colleyville’s decision.
“It’s a free country,” he said. “We’re not a police state and we never will be. We expect people to use common sense.”
Newton said he believes that he is complying with Abbott’s order, but added that he decided to loosen restrictions on some Colleyville businesses after the governor “tweaked his order last week to allow nonessential businesses to open for curbside pickup and online orders.”
Newton said he has not heard from the governor regarding opening restaurants with patios and salons on Friday. “We’re happy to talk to him,” Newton said.
“We are careful to make our decisions based on what’s best for Colleyville,” Newton said.
Newton said his decision was also based on data showing that Texas has enough hospital capacity with 50 percent of the beds available.
Newton said every city is different, pointing out that Colleyville doesn’t have “big box” businesses.
“The little bitty guys (small businesses) are struggling,” he said.
Colleyville’s order includes resuming elective surgeries and also allowing churches to conduct worship services as long as social distancing is maintained.
According to the proclamation, starting Friday, restaurants with patios can serve diners outdoors as long as social distancing is observed between tables. Salons and fitness centers can also open by appointment and people are required to wear the proper personal protective equipment (PPE.)
Fitness classes can also be held for no more than 10 people, according to Newton’s order.
When asked about Newton’s proclamation, Abbott said during a press conference Tuesday that he had read the order and that he believed much of it was in agreement with his statewide restrictions.
“He made deference to the executive order that I issued. It seemed like he was writing his policies in a way that tried to parallel or be in agreement with what was in my executive order,” Abbott said, pointing to Newton’s provisions that referred to the governor’s most recent executive order on elective surgeries that was set to go into effect Tuesday night.
And in areas that may be inconsistent with his order, Abbott said, “I’m sure my staff will just talk to him to make sure he understands what is in agreement.”
However, Abbott said updated restrictions would be announced Monday, April 27 - the same day he previously said he would be issuing revised guidance on businesses reopening.
Abbott’s current executive order that requires Texans to stay home unless participating in activities deemed “essential” by the state lasts through April 30.
Whitley has signaled that local restrictions would be loosened in May. Meanwhile, Dallas County officials extended their local stay-at-home order Tuesday to May 15.
“To the extent that my executive order has statewide application, it would overrule any local jurisdiction determination about their executive order,” Abbott said when asked what latitude local officials may have.
Newton said that everyone needs to be careful and follow the guidelines of frequent hand washing and not touching your face.
“The only real defense from the virus is to be careful. We’ve all learned to do that. If people are concerned, don’t go there,” Newton said, referring to the businesses that are opening.
According to Tarrant County COVID-19 statistics, Colleyville had by Tuesday 17 positive cases, with five recoveries and zero deaths.
The proclamation drew mixed comments on the Facebook group, Colleyville Citizens for Accountability.
Last month, Colleyville initiated a gift card program where residents received $35 gift cards for use at businesses such as restaurants.
This story was originally published April 21, 2020 at 2:02 PM.