AUSTIN, Texas (CBSDFW.COM/AP) – Texas Attorney General Ken Paxton filed a motion Tuesday, Nov. 3, for temporary injunction to stop El Paso County Judge Ricardo Samaniego’s COVID-19 shutdown order.

Judge Samaniego ordered the shutdown on Thursday, Oct. 29 amid a skyrocketing number of COVID-19 cases he said was “overwhelming” the county’s medical resources.

In-person dining was among the non-essential activities Samaniego’s order targeted.

The order also closed bars, gyms, tattoo parlors and nail and hair salons, and directed residents to shelter in place except for essential tasks.

Grocery and drug stores, funeral homes, health care services and government activities were among activities deemed essential, as were all election-related activities.

“Judge Samaniego has no authority to flout Gov. Abbott’s executive orders by shutting down businesses in El Paso County,” said Attorney General Paxton. “I am optimistic that the district court will recognize the unlawfulness of this action and quickly stop these orders from further oppressing the El Paso community.”

Last Friday, Oct. 30, Paxton joined several El Paso County restaurant owners in suing to block a county order shutting down all non-essential activities for two weeks.

A hearing on the motion is scheduled for Wednesday, November 4.

(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

READ THE FILING HERE

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