Kenny Webster's Pursuit of Happiness

Kenny Webster's Pursuit of Happiness

Ken Webster is a talk radio personality and producer from Houston, TX. He started his career in Chicago on the Mancow show and has since worked at...Full Bio

 

Texas Sheriffs: Governor Abbott's Mask Mandate is Not Enforceable

Remember a week ago when #Texas residents got an alert on their phones saying they'll be fined $250 if they don't wear a mask?

Turns out, they won't.

Sheriffs from all over the state of Texas say they won't enforce Governor Greg Abbott's new mask mandate because... to put it bluntly, it sucks.

Daniel Friend reports:

Many sheriffs have argued that the order’s enforcement mechanisms are self-defeating.
“Local law enforcement and other local officials, as appropriate, can and should enforce this executive order,” the order states.
“But,” it adds, “no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order or for related non-violent, non-felony offenses that are predicated on a violation of this executive order.”
The prohibition of detainment is one problem that has caused law enforcement to hesitate about enforcing the order.
“This language strips law enforcement of the necessary tools to enforce compliance with the law,” said the Montgomery County Sheriff’s Office.
“The language included in the Governor’s order could subject our agency, and Montgomery County as a whole, to civil liability as stopping someone for a face covering related issue could be construed or misconstrued as a detention. Additionally, holding someone for the purpose of issuing a citation related to a fine is a legally defined detention under current Texas Law.”
Kerr County Sheriff W.R. Hierholzer echoed the same concern, stating on Facebook, “In criminal law, detain means to hold a person in custody, often for purposes of questioning. […] How can we stop and talk to or write a citation or even give a verbal warning, WITHOUT detaining?”

HOUSTON, TEXAS - JULY 05: Alex Bregman #2 of the Houston Astros fields a ground ball during the third day of Summer Camp workouts at Minute Maid Park on July 05, 2020 in Houston, Texas. (Photo by Bob Levey/Getty Images)


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