Abbott uses amalgamation of statutes to skirt due process

Pratt on Texas - copyright Pratt on Texas all rights reservedI simply cannot fathom why so many Texans are willing, not necessarily to wear a face mask though that does bother me deeply, but are willing to do simply because political official writes an order for such.

Governor Greg Abbott’s decree to wear a “face covering” of 2 July, merely references Section 418.014 of the Texas Government Code and Chapter 81 of the Texas Health and Safety Code. Nowhere does the governor cite where in Chapter 81 gives him the right to mandate face coverings without there being individual probable cause a person is ill and likely to spread a disease. And, even if he rooted his order in Chapter 81 of the Health and Safety Code such appears to require due process; meaning that you must be brought before a court and allowed to make your case before being subject to orders.

Yet Abbott and others have claimed on odd amalgamation of the two separate set of statutes to claim near unlimited power.

Section 418.014, the other citation Abbott makes, is a part of the Emergency Management code of the state about declaring a disaster for things like floods, hurricanes, fires and tornadoes. It is not about communicable disease. Communicable disease issues are covered in Chapter 81 of the Health and Safety Code.

Yet Abbott and others have claimed on odd amalgamation of the two separate set of statutes to claim near unlimited power.

It appears they are not making health and disease related orders under Chapter 81 to skirt due process issues. Instead they claim the disease issue is a “disaster” and are using laws written to cover physical damage situations to make health-related orders.

It’s all an end-run around due process, burden of proof, and respect of people’s basic rights and liberty. For that reason alone Greg Abbott should be condemned by Texans irrespective of whether any of his orders have a positive or reasonable purpose.

Comments

  1. Larry Fancher says

    I was refused service and asked to leave the local Sprouts Market because I would not wear a face mask. I was not being a threat to anyone nor did it seem to offend any other customers. I suggested they call the police which they did and I waited outside the building until the officer arrived. It seems a pitiful use of taxpayer funds to pay the police to drive to the location and deal with such a farcical call while all I wanted to do was buy some produce. Thank you, Robert Pratt for Keeping Up the Good Fight

  2. Mary Roper Byrd says

    Larry fancher you should be ashamed of yourself. Your mama raised you better than that.

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