Abbott’s statewide order casts confusion on local restrictions over religious services
Gov. Greg Abbott’s new executive order implements statewide mandates for all of Texas that lawmakers and hospital systems have called for to limit the novel coronavirus’ spread.
But his announcement Tuesday also brought a wave of confusion, seemingly undermining local stay-at-home orders that are stricter in scope.
Texas’ largest cities and counties had already determined what counts as an essential business, limited in-person gatherings and more under their respective local orders.
But during a press conference Tuesday from the Texas Capitol, Abbott said that local orders cannot deny what the executive order allows for — such as in-person religious services that abide by social distancing measures.
“However, to the extent that there are things that are not mentioned in the executive order, it still gives local jurisdictions the latitude to establish their own rules,” Abbott said.
The line between local and state authority remained blurry Wednesday as local officials worked to pin down exactly what they could and couldn’t do under Abbott’s order that requires Texans to stay home unless participating in activities or services deemed essential by the state. It goes into effect Thursday and lasts through April 30.
“It’s put a little confusion into the cities and counties that had their own order,” said Tarrant County Judge Glen Whitley. “Every time we do something, we spend a few days working it out and looking at where we need to be more clear. Now we have to do that with the governor’s order.”
Religious services
One of the most glaring differences between Abbott’s statewide order and local ones is the restrictions on religious services.
Fort Worth, Arlington and Tarrant County’s stay-at-home orders had required houses of worship to be closed to the public — although church leaders could gather to facilitate online worship.
However, Abbott’s executive order deems religious services as essential, and notes that if they can’t be conducted remotely, they may be held in-person and must follow social distancing guidelines.
Wednesday afternoon, Abbott and Attorney General Ken Paxton released joint guidance for houses of worship, stressing that the restrictions don’t violate religious liberty. The guidance encouraged houses of worship to consult with local officials, follow CDC and federal guidance and outlined options like drive-up services if remote options aren’t feasible.
But Serena Bumpus, the director of practice for the Texas Nurses Association, said there needs to be consistent guidelines on group gatherings.
“To say it’s OK for religious groups to meet, in my opinion, is extremely irresponsible,” Bumpus said. “We all want to praise. We all want to worship. But let’s do it in a way that’s safe and that doesn’t require large groups of people to come into an enclosed building and risk the spread of infection.”
Rabbi Brian Zimmerman of the Beth-El Congregation in Fort Worth said he hopes Abbott will reconsider, and referenced the Jewish principle, pikuach nefesh, that places the utmost importance on saving a life and allows religious rules to be superseded to do so.
“I fear that the governor — while well-intentioned — his actions will lead to the death of more Texans,” Zimmerman said. “Hard as the isolation is, there is nothing that could happen remotely for Easter or Passover that needs to bring people together.”
The Rev. Dr. Fritz Ritsch of St. Stephen Presbyterian Church in Fort Worth said this is not the right time for looser restrictions.
“They’ve lifted the rule on churches gathering at exactly a week or two before it’s going to get worse, and it just seems to me like that’s a real short-sighted decision,” Ritsch said. “You’re just opening a door for people to act carelessly and irresponsibly and to spread misinformation about the risks of gathering together at this time.”
Both St. Stephen Presbyterian Church and the Beth-El Congregation have been holding services virtually. Zimmerman said congregants have been encouraged to adjust their Passover plans and not gather in-person for seders. St. Stephen Presbyterian even sent out a recipe for congregants to make their own homemade Communion bread.
Despite the looser restrictions, Ritsch said he prefers the church continue its services virtually to not put parishioners’ health at risk. And he hopes local officials urge religious leaders to do the same.
“I think they need to speak up for that right now,” Ritsch said. “Because it will certainly help us pastors and rabbis and everybody else, to be able to convey to our congregations, ‘This is why we’re keeping things closed.’”
Local vs. state orders
Whitley said he supported Abbott making a statewide declaration because it brings smaller cities and counties in line with the state’s major metros. But, he said, there was some confusion about whether he had the authority to enact stricter guidelines than the governor.
Dallas County Judge Clay Jenkins was one of the earliest local officials to call on the state to set uniform parameters. And while Abbott rejected the label of a “stay-at-home” order, Jenkins wrote on Twitter Monday that’s what it tracks as. Soon, “the state will come into alignment with the many counties that have already adopted it,” Jenkins wrote.
But for “non-essential” businesses saying they think the governor’s order allows them to reopen, Jenkins said questions should be directed to the state. A spokesman for Abbott did not immediately respond to a request for comment Wednesday.
“His order mirrors our order. If you believe they conflict; ask him. Otherwise, stay closed so not to be in violation,” Jenkins wrote.
Now is not the time to lessen restrictions, Whitley said, noting that most projections showed Texas hitting a peak number of cases by May.
“I would hate to do anything at this time that would escalate the number of cases,” Whitley said.
Fort Worth Mayor Betsy Price in a Facebook Live briefing Wednesday said she believed the city’s order was consistent with Abbott’s declaration, and directed businesses with questions to the Texas Division of Emergency Management’s website.
The Texas Nurses Association, along with the Texas Hospital Association, urged Abbott to adopt a statewide stay-at-home order in a letter hours before his press conference Tuesday.
Bumpus, with the Texas Nurses Association, said the group was pleased to see Abbott push for Texans to take staying at home more seriously. But with the virus spreading so rapidly and the state’s projected peak weeks away, was it enough?
“Had we maybe taken action sooner, we could have slowed the spread,” Bumpus said. “But because we haven’t, and because we still have pockets of people in the community who aren’t taking this seriously, we have not slowed it down as much as we would like to.”
Whitley said he spoke with the governor’s chief of staff Tuesday night and said the county’s legal staff, including District Attorney Sharen Wilson, were drafting a list of questions seeking clarification on the governor’s order.
Jay Warren, a spokesman for Arlington, wrote in an email Wednesday that the city is reviewing the governor’s new executive order and that the Arlington City Council will meet on Thursday to discuss a third update to the city’s local disaster declaration.
“The current disaster declaration already states that all public or private gatherings of any number of people occurring outside a single household or living unit are prohibited. This includes in-person worship services,” Warren said. “We have encouraged our faith community to hold religious services virtually during the Stay Home, Work Safe order.”
Whitley said he spoke with leaders of the Catholic Diocese of Fort Worth and North Texas Conference of the United Methodist Church who indicated they would continue live streaming services, and Price said during the Facebook Live briefing that she expects houses of worship in Fort Worth to remain closed to parishioners.
Jenkins wrote on Twitter Tuesday that the Dallas faith community is banding together to ensure remote services will be available to houses of worship that don’t currently have access to them.
“Therefore it’s possible for all,” Jenkins wrote.
As Easter Sunday nears, Ritsch said it reminds him of the holiday’s message and the need for sacrifice.
“Sometimes there’s pain, but it resolves ultimately in new life and new birth and new hope,” Ritsch said. “We’re living that out in our life as a church right now.”
This story was originally published April 1, 2020 at 5:47 PM.
