North Texas counties are declaring themselves 100% open for business despite COVID limits
A handful of rural counties in North Texas have declared themselves fully open for business, despite Gov. Greg Abbott’s executive order that caps capacity for most businesses as the novel coronavirus continues to spread.
Businesses in the counties of Hood, Eastland and Stephens have been approved by the state to increase their max capacity from 50% to 75% — a facet of Abbott’s phased reopening of businesses that allows rural counties with 10 or fewer active COVID-19 cases to increase their capacity sooner than others.
But those counties have also taken it a step further. Earlier this month, Eastland County and Hood County declared themselves “sanctuary counties” for all businesses and Stephens County passed a similar resolution that said it was “100% Open for Business.”
And Hood County officials argue that Abbott’s most recent executive order allows their businesses to return to normal operating limits. They point to a section of the order that states that in counties that have received Texas Department of State Health Services’ approval, businesses that were subject to the 50% capacity limit “may operate at up to 75 percent of the total listed occupancy or normal operating limit of the establishment starting 12:01 a.m. on June 12, 2020.”
The key part is that there’s no 75% before the “or normal operating limit,” local officials said.
“It doesn’t say anything about 75%. That’s normal. So if you’re already at 75% per the DSHS attestation — which we were — then starting (in) June, we were allowed to tell our businesses to go to normal operating,” said Jay Webster, Hood County’s emergency management coordinator. “They shouldn’t put that language in there if they don’t want you to open up at full capacity.”
When asked about Hood County’s interpretation, John Wittman, a spokesman for Abbott, wrote in an email Thursday that Abbott’s executive order only allows for counties who meet the criteria to go to 75%.
Hood County Judge Ron Massingill, who is an attorney, said Hood County has always obeyed Abbott’s COVID-19 orders, and that nobody has reached out to contradict him.
“We have spoken about this position, and that’s our interpretation of it. And nobody from the governor’s office or from the attorney general’s office has called and said anything to the contrary,” Massingill said.
The Texas Alcoholic Beverage Commission has warned bars and restaurants that violating social distancing guidelines or capacity limits could result in license suspensions. And all three counties’ resolutions note that the resolutions are not intended to limit state and county authorities’ abilities to oversee licensing regulations — meaning that agencies could still enforce Abbott’s orders.
Wittman and the Attorney General’s Office did not return requests for comment on whether the resolutions are permitted or if Hood County would be required to mandate businesses return to 75% capacity.
Essential businesses
When Abbott first issued a stay-at-home order in late March, Texans were allowed to leave their homes to access services deemed “essential” by the state. And as restrictions have loosened, businesses deemed “non-essential,” like salons, malls and bars, have been permitted to reopen in waves.
But a growing number of conservatives have pushed back on the designation, arguing that all businesses are essential — especially to small business owners’ livelihoods.
Eastland County’s and Stephens County’s resolutions consider all businesses to be essential, and support “opening all businesses without restrictions or limitations that would allow all businesses to fight for their very economic survival and livelihood.”
And they note that “in accordance with state and federal law” the county won’t “take any direct action against any businesses or individuals based solely on their actual or perceived business status.”
Hood County, which also declared itself a sanctuary county for businesses, tweaked its resolution to consider all individuals — instead of businesses — essential.
Because Abbott has designated which businesses fall under the “essential” category — which comes with differing restrictions — Hood County commissioners passed a resolution that instead recognizes “the unalienable rights of individuals” to earn a living “without the need for undue government overreach, coercion and control.”
“It’s a word of art, now,” Massingilll said.
Stephens County Judge Michael Roach stressed that the county’s resolution was intended to show the Commissioners Court is in support of fully reopening and that “it doesn’t have the effect of law.”
Roach said he supports the governor’s efforts to try to reopen the economy, but that all 254 of Texas’ counties aren’t seeing the same level of the virus’ spread.
“We’re not just trying to be rebels. We’re not just trying to say we know better than the governor. We’re just saying, we know Stephens County better than he does,” Roach said. “And a little more local control for these areas that aren’t overwhelmed by cases and have a plan in place — let’s get back to business.”
What’s more, Roach pointed to the fact that Stephens County announced a local shelter-in-place order back on March 23 — and was one of the earliest counties to do so. The county has seen a handful of cases over the course of the pandemic, and has one active COVID-19 case, according to DSHS data.
Stephens County has even managed to increase its ventilators, from one to four, Roach said, and the low number of cases is evident some communities “can get to the finish line a little sooner than others.”
Since late March, Hood County has seen 35 cases and four COVID-19 related deaths, according to DSHS data. State data also puts the county at eight active COVID-19 cases as of Tuesday.
Massingill said that as of Friday morning, Granbury’s hospital had no COVID-19 patients. And just because the county has given businesses the green light to operate at normal capacity, some have chosen not to, Massingill said, and he still sees good compliance with social distancing measures and face masks.
“We’re very fortunate that everybody is really trying to help out with this,” Massingill said. “We know how serious it is. And we also know how serious it is for everybody to get the economy working again too.”
It’s a point Roach echoed. Businesses aren’t being reckless he said, and some can balance protecting customers’ safety while increasing their capacity to more than 75% to stay afloat.
“If you’re talking about a restaurant that can seat 25 people going from 75% to 100, you’re talking about a couple extra chairs,” Roach said.
Webster, Hood County’s emergency management coordinator, said that the county will revisit anything new that comes out of future executive orders, but that as of now, they’re sticking with their interpretation.
Roach said the executive order’s language is ambiguous, and that it should be revised to be clearly stated.
“We want to cooperate, but it doesn’t change our opinion as a Commissioner’s Court,” Roach said.
“If you need to open up at 80% — if that’s what that looks like to you — I will stand by those people, those restaurant owners here locally, who are doing their best to protect the public health and survive,” he said. “If the state wants to come in and fine them or try to shut them down, they’re going to have to go through all of us because we’re going to stand with those businesses.”
This story was originally published June 19, 2020 at 3:55 PM.
