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Legal action to block forthcoming shelter in place?

8,993 Views | 67 Replies | Last: 3 yr ago by P.H. Dexippus
P.H. Dexippus
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Assuming the County Judge and/or Mayor issue orders similar to what we saw from Dallas yesterday, there seems to be pretty clear 1st and 5th Amendment infringements. Is there interest in seeking an injunction or removal petition, or already an effort underway?
"[When I was a kid,] I wanted to be a pirate. Thank God no one took me seriously and scheduled me for eye removal and peg leg surgery."- Bill Maher
Ag_07
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You do realize it's not much different than how things are now?
HouAggie2007
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You get a degree in constitutional law during your social distancing I see?
TriAg2010
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All The Presidents Lawyers podcast touched on this with their last episode. Courts are generally deferential to the government concerning emergency powers.
P.H. Dexippus
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Ag_07 said:

You do realize it's not much different than how things are now?

There's a difference between voluntarily WFH or closing a business/cancelling church services/staying in your house, and the government making it illegal to do otherwise.
"[When I was a kid,] I wanted to be a pirate. Thank God no one took me seriously and scheduled me for eye removal and peg leg surgery."- Bill Maher
Bunbury
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What's the motivation for injunction or removal? Is this just Texan-grandstanding anytime the government tries to do anything? Or do you honestly think it's a bad idea considering every expert and leader elsewhere seems to acknowledge the severity of the issue?


Ag_07
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So what do want to do that the big bad govt won't let you do?

You can still go to the grocery store, bank, auto mechanic, get food, go to liquor store. You can still go outside for exercise, walks, play time with the kids.

What else do you need to do?
Texan_Aggie
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OP probably just wants to get his nails done. I could go for a nice mani/pedi right now, too.
IDaggie06
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Maybe he owns a retail store that will have to close..
Head Ninja In Charge
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Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.
Jack Klompus
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IDaggie06 said:

Maybe he owns a retail store that will have to close..
No, he's a lawyer.
JYDog90
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Can we still play golf?
White Liberals=The Worst
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For now...not for long. A lot of course are going to go belly up for sure.
07fta07
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Wycliffe_03 said:

For now...not for long. A lot of course are going to go belly up for sure.

What about private clubs? They're still pulling in dues. Can they allow members to play golf even if we go shelter in place? The shelter in place allows for outdoor exercise.
HouAggie2007
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How many ****ing times does exponential growth have to be explained before idiots start to understand?
IDaggie06
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Quote:

How many ****ing times does exponential growth have to be explained before idiots start to understand?

How many times do people have to act like they are geniuses on all this?

HouAggie2007
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Not a genius, if you think this isn't serious that's your thing. You are likely wrong but you have the ability to critically think hopefully.

If your argument is there are only X amount of a case that we are hardly testing for and takes 4-14days before symptoms show, you are wrong.
Tom Hagen
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HouAggie2007 said:

How many ****ing times does exponential growth have to be explained before idiots start to understand?
I understand the reaction to this has been exponentially blown out of proportion.
We have seen this movie before. Government over-hypes a threat as an excuse to grab more of our freedoms. When the “threat” is over, however, they never give us our freedoms back...Ron Paul



White Liberals=The Worst
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07fta07 said:

Wycliffe_03 said:

For now...not for long. A lot of course are going to go belly up for sure.

What about private clubs? They're still pulling in dues. Can they allow members to play golf even if we go shelter in place? The shelter in place allows for outdoor exercise.


Not sure, but a lot of them are going to be hurting I'd imagine. I played Traditions yesterday and they were pretty concerned. All depends on how long this is drawn out and how many jobs are lost I guess.
jja79
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07fta07 said:

Wycliffe_03 said:

For now...not for long. A lot of course are going to go belly up for sure.

What about private clubs? They're still pulling in dues. Can they allow members to play golf even if we go shelter in place? The shelter in place allows for outdoor exercise.
Mine is up and running. Spacing out tee times and not allowing guests on property.
07fta07
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We are too. I just wonder how that changes if we go "shelter in place" like Dallas county has done.
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Texan_Aggie
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Sasappis said:

Ag_07 said:

So what do want to do that the big bad govt won't let you do?

You can still go to the grocery store, bank, auto mechanic, get food, go to liquor store. You can still go outside for exercise, walks, play time with the kids.

What else do you need to do?


Go to Church? That one has been fairly important in this country for a long time.
I don't think anyone is suggesting that it isn't important, but most churches I know have provided an online format available.

Do you believe shouting "fire" in a crowded theater should be allowed as it is freedom of speech?

Head Ninja In Charge
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Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
You left out peaceably part and let me tell you, brother, there is no peace to be found in doing a boob luge off some JuCo undergrad who drove down to Padre from SOWELA.
Agasaurus Tex
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I'll shelter in place when the National Guard brings me paper towels, TP and groceries
RM1993
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Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
Gap
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RM1993 said:

Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
What is your expected end date on being able to get out and "infect whoever the **** you want.."?
RM1993
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Gap said:

RM1993 said:

Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
What is your expected end date on being able to get out and "infect whoever the **** you want.."?
I don't have one and nothing that has been proscribed so far prevents you or anyone else from being able to get out and take a walk or go to the grocery store or gas station.....yet you somehow feel like your constitutional rights have been infringed upon and you should have unfettered access to everything as you had before....

Governments have always had the authority to clamp down during states of national emergency. Would you have kept your lights on during WWII when air raid sirens went off simply because the govt can't constitutionally tell you to shut them off? Of course not! Yet somehow today otherwise rational people feel like their constitutional rights are more important than the safety of their fellow man....
Gap
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RM1993 said:

Gap said:

RM1993 said:

Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
What is your expected end date on being able to get out and "infect whoever the **** you want.."?
I don't have one and nothing that has been proscribed so far prevents you or anyone else from being able to get out and take a walk or go to the grocery store or gas station.....yet you somehow feel like your constitutional rights have been infringed upon and you should have unfettered access to everything as you had before....

Governments have always had the authority to clamp down during states of national emergency. Would you have kept your lights on during WWII when air raid sirens went off simply because the govt can't constitutionally tell you to shut them off? Of course not! Yet somehow today otherwise rational people feel like their constitutional rights are more important than the safety of their fellow man....
Sheep don't ask questions either.

Can you describe what you are trying to accomplish? Are we "flattening the curve" and doing this for 6 months and still being over ICU capacity for 12-18 months? Are we sheltering in place until the virus has been eliminated from the United States?

If the result is global depression, poverty, rampant unemployment, hunger, suicide, increased violence is that acceptible? And for a virus with a mortality rate expected to be 0.5% and under.
RM1993
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Gap said:

RM1993 said:

Gap said:

RM1993 said:

Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
What is your expected end date on being able to get out and "infect whoever the **** you want.."?
I don't have one and nothing that has been proscribed so far prevents you or anyone else from being able to get out and take a walk or go to the grocery store or gas station.....yet you somehow feel like your constitutional rights have been infringed upon and you should have unfettered access to everything as you had before....

Governments have always had the authority to clamp down during states of national emergency. Would you have kept your lights on during WWII when air raid sirens went off simply because the govt can't constitutionally tell you to shut them off? Of course not! Yet somehow today otherwise rational people feel like their constitutional rights are more important than the safety of their fellow man....
Sheep don't ask questions either.

Can you describe what you are trying to accomplish? Are we "flattening the curve" and doing this for 6 months and still being over ICU capacity for 12-18 months? Are we sheltering in place until the virus has been eliminated from the United States?

If the result is global depression, poverty, rampant unemployment, hunger, suicide, increased violence is that acceptible? And for a virus with a mortality rate expected to be 0.5% and under.
I'm sure everyone involved would like to give hard answers to your questions, but this is uncharted territory and everyone is doing their best to work off of the scant information and data available.

But, by all means keep putting yourself first...
Sumatriptan
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RM1993 said:

Gap said:

RM1993 said:

Sasappis said:

Head Ninja In Charge said:

Like many others have said, it really is just formalizing what most of us have already been doing over the past 8 days. The only real change (a good one) is that it'll prevent these dumb**** kids from partying en masse on the beach like we saw during spring break.


So you mean it will reduce the right to assemble? I wonder if there are any rules about that.
How dare the govt infringe upon your right to infect whoever the **** you want....
What is your expected end date on being able to get out and "infect whoever the **** you want.."?
I don't have one and nothing that has been proscribed so far prevents you or anyone else from being able to get out and take a walk or go to the grocery store or gas station.....yet you somehow feel like your constitutional rights have been infringed upon and you should have unfettered access to everything as you had before....

Governments have always had the authority to clamp down during states of national emergency. Would you have kept your lights on during WWII when air raid sirens went off simply because the govt can't constitutionally tell you to shut them off? Of course not! Yet somehow today otherwise rational people feel like their constitutional rights are more important than the safety of their fellow man....
This is exactly how Japanese Americans got put into camps congrats man!
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ThunderCougarFalconBird
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v





BohunkAg
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My wife (in healthcare) brought up a good point....how about all the kids in sh-tty home situations. The ones with meth moms or a-hole dads, whose only refuge is school and community activities...what is their life like right now? How about the abused wives whose husband is home all the time now because his job got canceled? There are ramifications to this that we are overlooking that will become abundantly clear over the next weeks and months.
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