Hidalgo orders Harris County residents to wear masks in public, draws fire from police unions, GOP

Harris County Judge Lina Hidalgo on Wednesday ordered residents to cover their faces in public starting next week, the latest effort by local governments to slow the spread of the novel coronavirus.

The new rules, which require residents 10 and older to cover their nose and mouth when outside the home, take effect Monday and last 30 days. Acceptable garments include a homemade mask, scarf, bandana or handkerchief. Medical masks or N-95 respirators are not recommended as they are most needed by first responders and health workers.

Under the order, the county’s 4.7 million residents must cover their faces at all times except when exercising, eating or drinking; the exemptions also include when individuals are alone in a separate single space, at home with roommates or family, or when wearing a mask poses a greater risk to security, mental or physical health. Violating the mask rules is punishable by a fine of up to $1,000, though Hidalgo urged police to use discretion.

Unlike previous measures announced by the city and county executives, Hidalgo’s mask order drew fierce, partisan rebuke, highlighting what has become a national political divide over coronavirus restrictions.

Republican Lieutenant Gov. Dan Patrick accused Hidalgo of abusing her authority and said residents would be justified to react with anger. U.S. Rep. Dan Crenshaw said mask guidelines made sense, but punishments would “lead us to government tyranny.”

Harris County Republican Party Chairman Paul Simpson blasted the rules as an “unenforceable power grab.”

Harris County law enforcement officers, including the fire marshal and constables, will be responsible for ensuring residents and businesses comply. The unions representing officers from the Houston Police Department and Harris County deputies, however, said their members are disinclined to do so.

“The citizens of Harris County are working hard together through this pandemic and do not need the added stress and fear of being fined or arrested for failing to wear a mask/face covering they may not have,” Harris County Deputies Organization President David Cuevas said in a statement.

Houston Police Officers Union President Joe Gamaldi, a frequent critic of Hidalgo’s approach to criminal justice, called the order idiotic and said the “draconian” measure would erode bonds between officers and the community.

In a statement, Gamaldi said the union had reached out to Texas Attorney General Ken Paxton’s office seeking an opinion on the legality of imposing a criminal penalty or fine on someone for not wearing a face mask. The attorney general said Wednesday afternoon that police should use their discretion on duty and focus on dangerous criminals but did not limit Hidalgo’s authority.

Employers at businesses deemed essential under Harris County’s stay-at-home order must provide face coverings and training to workers whose jobs require them to come into contact with colleagues or the public. Hidalgo has yet to determine whether to extend the stay-at-home rules, which expire April 30.

Hospitalization data suggests the curve of new cases is flattening here, Hidalgo said at a news conference Wednesday. The region still is susceptible to another wave of infections, she warned.

“If we get cocky, we get sloppy, we get right back to where we started, and all of the sacrifices people have been making have been in vain,” Hidalgo said while wearing a homemade mask. “Let’s not get complacent. Let’s remember that we still have work to do.”

Hidalgo said the mask rules were spurred by her team’s realization the outbreak would require a long-term health response that extends beyond the end of stay-home rules.

Now Playing: Now Playing 'COVID-19 in 60': April 22, 2020 Houston Chronicle

It’s a pandemic. Of course you’re anxious. Houston Chronicle

Parking Lot Prayer and Praise Houston Chronicle

Easter in the Age of COVID-19 Houston Chronicle

Coronavirus health care: ER nurse dresses for protection Houston Chronicle

Houston shoppers line up for food as COVID-19 fears mount Houston Chronicle

Houston Mayor Sylvester Turner endorsed Hidalgo’s plan. He thanked residents for their sacrifices to date and said he would announce a plan Thursday to distribute 70,000 masks to vulnerable residents.

Masks are a crucial tool to prevent a surge in cases as businesses and public spaces reopen, said Firas Zabaneh, an infectious disease expert at Houston Methodist. He said they also serve as a visual reminder to maintain social distancing.

“The public will be safer with masks on,” Zabaneh said. “As we ease the restrictions, more and more people are going to be interacting with each other.”

The Centers for Disease Control recommends wearing masks when social distancing is not possible, such as at a grocery store. Many people who have coronavirus do not show symptoms, and the disease can be spread through speaking, coughing or sneezing.

Laredo on April 2 was the first Texas city to require residents to wear face coverings. Officials in Dallas, San Antonio and Austin made them mandatory last week.

None of Harris County’s seven contiguous counties have enacted similar rules. The Republican leaders of Montgomery and Galveston counties said Wednesday they would not do so, though both said they supported residents who choose to wear masks.

“America was built upon the fabric of individual liberty and freedom,” Galveston County Judge Mark Henry wrote in a statement. “It’s important now more than ever that we stress personal responsibility.”

Hidalgo responded to the criticisms by arguing most residents have supported the series of measures enacted by Houston and Harris County the past seven weeks to stifle the outbreak. First was the closure of the Houston Rodeo March 11, followed by restaurant and bar restrictions March 17 and the stay-at-home order March 24.

Similar to those orders, Hidalgo said the mask rule is based on the recommendations of doctors.

“This is a step people understand we need to take,” Hidalgo said. “It follows CDC guidelines. It is responsible. It is right.”

Hidalgo repeatedly has noted that Houston has suffered a far milder coronavirus outbreak than other major cities, including New York, San Francisco and Seattle. Though Harris County has recorded 79 deaths, its hospitals never have exceeded their intensive care and ventilator capacities since the virus was detected here in March, and a field hospital county officials ordered built may never need to be used.

Hidalgo has implored residents to heed the county’s restrictions on movement and commerce, however, warning cases could spike if residents drop their guards. The county judge said rolling back restrictions would be premature before widespread testing becomes available and the virus has reached its peak here, which health experts predict will be at the end of April.

Hidalgo may be unable to slowly ease restrictions in Harris County as she sees fit, however. Gov. Greg Abbott said Monday he would issue a new executive order Monday as part of his plan to reopen the Texas economy. It would override any local coronavirus measures regarding businesses reopening.

The county judge struck a conciliatory tone Tuesday when asked about Abbott’s potential curtailing of local rules. Hidalgo, a Democrat, so far has avoided clashing with the Republican governor.

“I work very closely with Gov. Abbott,” Hidalgo said, noting the state had helped set up a partnership with Walgreens for testing. “I think, in many ways, we are at a great place in terms of bipartisanship, particularly given the vitriol that was going on just before this crisis. I don’t think this is a time to stir things up.”

Local leaders also face pressure to allow a return to normal life. A coalition of 350 businesses last week called on Hidalgo to ease restrictions beginning May 1, warning that many firms cannot survive additional weeks of forced closures.