Coronavirus cases in Texas: 60,790  Coronavirus deaths in Texas: 1,623    Active cases: 20,259   Total test: 990,021   Updated May 29, 2020 6:49  AM


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Mask? No mask??



May 29, 2020

Can a business require you to wear a mask?

       Gov. Greg Abbott has urged Texans to wear facial coverings, but he did not mandate it in his orders following his COVID-19 disaster declaration.

Randy Erben, an attorney, constitutional expert and adjunct professor at the University of Texas Law School, reviewed the Governor's order for ABC13 Houston. 

“There’s two things he does in these orders,” Erben said. “One is he says you shall not go to bars (and) restaurants; you shall not go to nursing homes; (and) the schools shall be closed. And then he also has some mandatory language throughout the rest of them. But he also admonishes people and encourages people to practice safe social distancing, to wear masks, to use appropriate personal hygiene practices, but he did not mandate some of these.”

Erben, who, among other jobs, had served under President George H.W. Bush and worked as a legislative director for Abbott during the 84th Legislative session, said the legislature dating back to 1975 gave governors powers to deal with disasters. Those powers have been expanded and updated as recently as after Hurricane Harvey.

Erben said the governor could issue orders that have the force and effect of law, suspend provisions of any regulatory statute or a state agency rule to cope with a disaster, use available resources -- state, local or private -- to deal with a disaster and has the power to regulate the movement of persons.

At this point, a business can require you to wear a mask - while at the same time - the business can require that no masks be worn.  

Costco requires everyone to wear a mask. Some restaurants have found a niche market in saying 'no mask allowed.'

It's up to you. It's up to the business. Be smart. Be safe.



Ran DeBord - All Access Sporting News

 Follow @AASNSports on Twitter, or me, @RanDeBord

Attributes: AASNSports; ABC13Houston

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