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Information Related to GA-29-MCSO WILL TAKE NO ACTION TO ENFORCE GOVERNORS ORDER

PRESS RELEASE MONTGOMERY COUNTY SHERIFF’S OFFICE
SHERIFF FOLLOWS MONTGOMERY COUNTY PRECINCT 2 CONSTABLE GENE DEFOREST NO ENFORCEMENT ACTION

The Montgomery County Sheriff’s Office will take NO actions to enforce the Governor’s Office Executive
Order GA-29 issued on July 2, 2020, regarding the mandatory use of facemasks in public.
This order includes specific language prohibiting law enforcement from detaining, arresting, or confining
to jail as a means to enforce the order. This language strips law enforcement of the necessary tools to enforce
compliance with the law.
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 detention. Additionally, holding someone for the purpose of issuing a citation related to
a fine is a legally defined detention under current Texas Law.
Calls for service reporting a violation of GA-29 will only be dispatched if the reporter is an authorized
supervisory representative of the business or property AND is reporting that a person is refusing to leave
the property after receiving notice to leave and a disturbance is occurring. Deputies arriving at these types
of calls will follow the normal established procedures.
We are in a public health crisis and we will use this opportunity to educate our community while still
respecting individual liberties. Let’s work together to ensure Montgomery County remains a safe place to
live and work. We encourage all citizens to take reasonable precautions in their own life to mitigate possible
exposure by following all Health Department guidelines

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3 Comments

  1. michelle227

    The whole point of the Order, in my opinion, was to keep some of the various entities around the State from remaining drunk on their authoritarian powers that have already been abused time and again. I believe Abbott was very much aware that no tracking mechanisms were in place for the ‘warning’ which therefore precludes the fines from kicking in. To say nothing of the due process considerations that generally come with a punitive element…

    Personally, I am not concerned about the spike in case totals. The fear-porn media won’t get into the discussions of the very stable fatality rates. While we may have a more contagious strain of the ‘rona, the reality is that the fatalities are not increasing in corresponding lockstep.

  2. Michael

    Well the Governor’s “orders” are more like “suggestions” anyway. There’s no teeth to them, so why bother trying to enforce them or obeying them? It’s not like any of the businesses that opened before they were allowed to faced any actual consequences after all.

    We have a very weak Governor clearly. (yawn!!!) And people are confused why Texas has been among the most COVID-19 infected states in the union! LMAO! ROF!

    Now on to my next cup of coffee…. :-p

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