The Texas Governor’s New May 1st Executive Order: Q&A with Defense Attorney, Chris Perri
On April 27th, 2020, Governor Abbott issued a new executive order (GA-18) that supersedes his prior order closing all non-essential businesses. As a criminal defense attorney in Austin, it’s important to me that my neighbors understand the ever-changing rules and regulations. Here and here I’ve answered questions about Austin’s shelter-in-place order.
Now, I want to answer some of the more commonly asked questions about Governor Abbott’s new state order, which takes effect on Friday, May 1, 2020.
Is Texas going to completely reopen on Friday, May 1?
A: No, but many businesses that had previously been deemed non-essential will be allowed to reopen at 25% capacity. This includes:
Dine-in restaurants
Movie theaters
Retail stores
Shopping malls
Museums
Libraries
Interactive displays and child play areas must remain closed within these establishments.
For counties where there have been five or fewer cases of COVID-19, such establishments can reopen at up to 50% capacity. Obviously, this does not apply to cities like Austin, Dallas, Houston, or San Antonio.
Q: What’s NOT going to be open?
A: Bars, gyms, public swimming pools, bowling alleys, arcades, massage parlors, tattoo/piercing studios, and hair/nail salons are all to remain closed during this first phase of re-opening the Texas economy.
Also, while nursing homes, assisted living centers, and long-term care facilities are open to the people who need care, Texans are prohibited from visiting them except to provide critical assistance.
Q: I own a restaurant, and I don’t feel comfortable with opening the dining room back up yet. Do I have to reopen?
A: No one has to reopen their business. The governor’s executive order merely permits these businesses to reopen at reduced capacity.
Q: What about sports and recreational activities?
A: The governor’s order explicitly allows golf courses to reopen. During his speech, Governor Abbott also said that people could play a sport like tennis because it complies with social-distancing requirements and has four or fewer total participants. Curiously, the actual order does not contain any language about allowing sports with four or fewer participants, although it does state that people should “minimize in-person contact with people who are not in the same household.”
Q: Are social gatherings still illegal?
A: Statewide orders never made social gatherings illegal in the same way as stay-at-home orders did in cities such as Austin, Dallas, and Houston. Rather, the statewide orders have stated that people should “minimize” these gatherings and in-person contact. This language gives individuals discretion to interpret the term “minimize” for their own purposes.
While the governor’s order supersedes any local laws that allow gatherings prohibited by the order, it does not supersede local rules outlawing such gatherings. As a result, it’s illegal to have any type of gathering at your home with people from outside of your household.
Q: What about schools?
A: In-person classroom attendance will continue to be suspended through the end of the 2019–20 school year. Students will continue learning remotely until the beginning of June, and officials will reevaluate the situation in August, prior to the beginning of the 2020–21 school year.
Q: Are face coverings still required?
A: The governor’s order recommends that people wear face coverings, but the order prevents any local jurisdiction from imposing civil or criminal penalties for failing to wear one. This language strikes down Austin’s local face-covering ordinance. However, while you cannot get into legal trouble for failing to wear a face covering, our local leaders encourage people to wear them for the protection of the public.
Q: Can I travel?
A: There’s nothing in the governor’s order that prevents people from traveling, even for non-essential purposes like vacation or family visitation.
Q: What’s the penalty for violating the governor’s order?
A: If you are caught violating the order, you could be convicted of a Class B Misdemeanor charge, which includes a punishment of up to $1,000 in fines or up to 180 days in jail. If you’ve been accused of breaking the order, or any Texas law, it’s important to reach out to a criminal defense lawyer right away.
Q: My loved one is stuck in federal prison. Can they be released early because of the coronavirus?
While this question is not technically related to the governor’s order, it’s one I’ve received again and again. Due to the Federal CARES Act, the answer is yes, your loved one may be eligible for early release from federal prison — but state prison is another matter. For more details on how one can apply for early release, you can read my article on the subject in the Austin Chronicle here, or you can reach out to our firm directly. We’re happy to help with the process.
Q: If I decide to get drinks at a restaurant, can I get arrested for DWI or DUI in Austin now?
While this question is not answered in the government’s order, it is relevant. In all likelihood, there will be fewer drivers on the road. Therefore, odds are that you are more likely to get pulled over, especially if your driving is suspicious in any way. During the pandemic or otherwise, it’s essential to know your rights when it comes to a DWI investigation in Texas. Whether you’re drunk, buzzed, or completely sober, in this article I offer tips on how best to act if a cop pulls you over and they think you’ve been drinking and driving.
If you have any further questions about the order, criminal matters, or anything legally-related, please reach out to our firm, Chris Perri Law. In these uncertain times of the pandemic, our goal is to offer as much clarity as possible so that people understand their rights. Our firm offers free, virtual consultations. Visit us at www.chrisperrilaw.com or call us at (512) 269-0260. We’re here to help.