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ChatGPTClaudePerplexityStoryline · 18 events · Mar 18, 2020 – Aug 12, 2021
Amarillo's COVID-19 disaster declaration and business ordinance (2020-2021)
Quick answers
- What is the latest on COVID-19 emergency orders?
- Aug 12, 2021: City returns to COVID-19 alert level red and asks, but does not require, residents to wear masks. KVII reported that the City returned to alert level red after weeks of rising cases, with the Public Health Director saying hospitals were at critical capacity, and that officials were asking but not requiring people to wear masks in public. Read the event
- How far back does this record of COVID-19 emergency orders go?
- To Mar 18, 2020: Mayor declares a local disaster over COVID-19; council continues it 5-0 on March 24. The storyline has 18 dated events in all. Read the event
Mayor Ginger Nelson declared a local disaster over COVID-19 in March 2020, and the City Council continued the declaration and its amended versions at least ten times through October 13, 2020. The First Amended Declaration (March 30, 2020) ordered residents to stay at home except for essential activities, closed non-essential businesses to the public and set a $1,000 fine and up to 180 days in jail for violations. Later amendments followed the Governor's executive orders. On June 26, 2020 the council voted 4-1 to conform the declaration to Executive Order GA-28 and to set conditions for outdoor gatherings of 100 or more people. On November 20 and 23, 2020 the council passed Ordinance 7893, 4-1 each time, which declared a business site that failed to meet minimum COVID-19 standards a public nuisance, with civil and criminal enforcement, a maximum fine of $2,000, and an amendment tying it to a 15% hospitalization rate. On February 3, 2021 KFDA reported that the ordinance would no longer be in effect from February 4 because the area hospitalization rate had fallen under 15%. The Governor's orders GA-34 (March 2021) and GA-36 (May 2021) ended the statewide mask requirement and barred local governments from requiring face coverings. No published count of warnings or fines under Ordinance 7893 was found.
A storyline groups dated events in order. It is a chronology, not an argument; it does not say why anything happened. All storylines
- Federal & state funds
- Public health
- Votes & elections
- Environment & regulation
- Leadership & governance
- Downtown & development
- Parks & pools
- Courts & law
Where the story starts depends on the framing
- The whole local COVID-19 emergency, from the Mayor's March 2020 disaster declaration: starts with Mayor declares a local disaster over COVID-19; council continues it 5-0 on March 24 (Mar 18, 2020)
- Ordinance 7893, the COVID-19 business public nuisance ordinance (November 2020 - February 2021): starts with Council calls a special meeting on fining businesses that do not enforce COVID-19 rules (Nov 17, 2020)
· Origin
Mayor declares a local disaster over COVID-19; council continues it 5-0 on March 24
Mayor Ginger Nelson declared a local state of disaster over the COVID-19 outbreak. Under Section 418.108 of the Texas Government Code, a mayor's declaration lasts no more than seven days unless the City Council continues it. On March 24, 2020 the council passed Resolution No. 03-24-20-5 confirming and continuing the declaration, 5-0. Sources give different dates for the original declaration (March 13 or March 18).[1][2][3]
Ginger NelsonElaine HaysFreda PowellEddy SauerHoward Smith
- ⚠ Sources differ
Sources give different dates for the Mayor's original COVID-19 disaster declaration.
Reported value 1[1]
- Date
- 2020-03-13
The March 24, 2020 minutes describe the Mayor's Declaration of Disaster as "declared on March 13, 2020".
- Date
- 2020-03-18
The First Amended Declaration states the Mayor declared a local disaster on March 18, 2020, after the Governor's and President's March 13 declarations; Councilmember Sauer said on Nov. 23, 2020 that the Mayor declared it on March 18, "five days after Governor Abbott".
- ✓ Verified
On March 24, 2020 the council passed Resolution No. 03-24-20-5, confirming and continuing the Mayor's Declaration of Disaster regarding the outbreak of COVID-19, 5-0. Powell moved and Sauer seconded. [1]
- ✓ Verified
The declaration stated that the state of disaster would continue for no more than seven days unless the City Council continued it, under Section 418.108(b) of the Texas Government Code, and activated the City's Emergency Operations Plan. [2]
· Starting point
First Amended Declaration of Disaster orders residents to stay home; council continues it March 31 and April 14
The Mayor's First Amended Declaration of Disaster, effective at 11:59 p.m. on March 30, 2020, ordered residents to stay at home except for essential travel and activities, closed businesses other than essential or low-risk businesses to the public, limited restaurants to take-out, delivery and drive- through service, banned gatherings outside a single household and elective medical procedures, and required laboratories to report COVID-19 test counts daily. It authorized police, City code inspectors and the Fire Marshal to enforce it, with a $1,000 fine and 180 days in jail under Section 418.173 of the Government Code. The council continued it 5-0 on March 31 (through April 14) and again 5-0 on April 14 (through April 30).[2][4][5][6]
Ginger NelsonElaine HaysFreda PowellEddy SauerHoward Smith
- ✓ Verified
The First Amended Declaration ordered all individuals living in the City to stay at home except for essential travel, essential activities, essential government functions or work at essential or low-risk businesses; required other businesses to close to the public; limited restaurants, liquor stores and similar businesses to take-out, delivery, drive-in or drive-through service; prohibited gatherings outside a single household; prohibited elective medical, surgical and dental procedures; and required laboratories to report COVID-19 test counts to the health district by 5 p.m. daily without patient names. [2]
- ✓ Verified
The order authorized peace officers, City code inspectors and the Fire Marshal to enforce it and stated that violations would subject the violator to a $1,000 fine and 180 days in jail as authorized by Section 418.173 of the Texas Government Code. [2][4]
- Max fine
- $1,000
- Max jail days
- 180
- ✓ Verified
KFDA reported that the Amarillo order took effect at midnight for two weeks, that the Amarillo-area coronavirus status alert moved to level red, and that Potter County and Canyon issued similar orders. [4]
· Related development
Police close Howell Sand Company under a City communicable disease control order; order rescinded April 6
Amarillo police and Potter County Sheriff's officers closed Howell Sand Company in north Amarillo on April 3, 2020. KVII described it as the City's first enforcement action of this kind. KFDA reported on April 6 that the City was rescinding its communicable disease control order after working with the owners over the weekend; the owners said in a statement that they had received no request to cease operations before the closure.[7][8]
- ⚠ Sources differ
Accounts differ on whether the company had been told to stop operating before the closure.
Reported value 1[7]
- Value
- told twice
KVII reported that the company had been told to shut down twice but kept operating after telling the City it had stopped.
Reported value 2[8]
- Value
- no prior request
The owners said in a statement reported by KFDA that the company had received no request to cease operations before the closure, and that it had quarantined specific people, closed the office and shop and deep-cleaned the office building.
- ✓ Verified
KFDA reported on April 6, 2020 that the City was rescinding its communicable disease control order against the business because the situation had been resolved, and that officials said breakdowns in communication had caused confusion about expectations. [8]
· Related development
Second Amended Declaration follows the Governor's GA-16; council continues it April 28
After Mayor Nelson said the City's previous order was less restrictive than the Governor's Executive Order GA-16 and would be revised to match, the City amended its disaster declaration to comply with the Governor's order reopening businesses. The amended declaration kept the daily laboratory reporting, contact-investigation cooperation, store distancing and sanitation requirements, and the $1,000 fine and 180-day jail penalty. On April 28 the council continued the Second Amended Declaration 5-0; the City Manager said the declaration was in place so the City could seek reimbursement of expenses.[9][10][11]
Ginger NelsonJared MillerElaine HaysFreda PowellEddy SauerHoward Smith
- ✓ Verified
KVII reported on April 22, 2020 that Mayor Nelson said the City's previous order was less restrictive than the Governor's GA-16 order and that the City would revise its order to match; on April 25 KVII reported the City had amended its disaster declaration to comply with the Governor's executive order reopening businesses, keeping the $1,000 fine and 180-day jail penalty. [9][10]
- ✓ Verified
jared-miller: On April 28, 2020 the council continued the Mayor's Second Amended Declaration of Disaster 5-0 (Resolution 04-28-20-1). City Manager Jared Miller said the declaration was in place so that the City could seek reimbursement of expenses. [11]
· Context
Council continues the Third through Sixth Amended Declarations of Disaster
The council passed resolutions confirming and continuing the Mayor's Third Amended Declaration (May 5, 5-0), Fourth Amended Declaration (May 12, 5-0), Fifth Amended Declaration (May 26, 4-0) and Sixth Amended Declaration (June 9, 5-0), each continuing the local state of disaster under Section 418.108(b) of the Government Code.[12][13][14][15]
Ginger NelsonElaine HaysFreda PowellEddy SauerHoward Smith
· Related development
Council votes 4-1 to conform the disaster declaration to GA-28 and set rules for outdoor gatherings of 100 or more
Governor Abbott issued Executive Order GA-28 on June 26, 2020, closing bars again, cutting restaurant dine-in capacity to 50% from June 29, and prohibiting outdoor gatherings of more than 100 people unless the mayor approved them. At a special meeting that evening the council passed Resolution No. 06-26-20-1, amending the Mayor's disaster declaration to conform to GA-28 and to require, for approval of an outdoor gathering of 100 or more people, a plan consistent with Open Texas guidance that required masks or controlled access with temperature checks, effective 8:00 a.m. June 29. Mayor Nelson and Councilmembers Powell, Sauer and Smith voted yes; Councilmember Hays voted no.[16][17][18]
Ginger NelsonFreda PowellEddy SauerHoward SmithElaine HaysGreg Abbott
- ✓ Verified
On June 26, 2020 the council voted 4-1 to amend the Mayor's Disaster Declaration to conform with Executive Order GA-28 and to require, for approval of outdoor gatherings of 100 or more people, a plan consistent with Open Texas guidance with provisions requiring masks or controlling access with temperature checks, effective 8:00 a.m. June 29, 2020 (Resolution No. 06-26-20-1). Nelson, Powell, Sauer and Smith voted yes; Hays voted no. Powell moved and Sauer seconded. [16]
- ✓ Verified
The June 26, 2020 minutes do not record a reason for Councilmember Hays's no vote.[16]
- ✓ Verified
GA-28 prohibited any outdoor gathering of more than 100 people, other than listed exceptions, unless the mayor of the city approved it, and allowed the approval to carry conditions not inconsistent with the order. KFDA reported that applications would go through an advisory committee reviewing how organizers planned to run the events. [17][18]
- ✓ Verified
GA-28 superseded any conflicting local order to the extent it restricted services the state order allowed, while allowing local officials to enforce local restrictions consistent with it. It also amended all state COVID-19 orders to eliminate jail as a penalty and superseded any local order that allowed jail for violating a COVID-19 order. [17]
· Context
Governor's GA-29 requires face coverings statewide and lowers the gathering-approval threshold to 10
Executive Order GA-29, effective July 3, 2020, required face coverings in businesses and public spaces where six feet of distance was not feasible, with a warning for a first violation and fines of up to $250 after that, and prohibited jail as a penalty. A same-day proclamation amended GA-28 so that outdoor gatherings of more than 10 people required approval from the mayor or county judge.[19][20]
- ✓ Verified
GA-29 required face coverings statewide from 12:01 p.m. July 3, 2020 where six feet of distance was not feasible, with a warning for a first violation and a fine of up to $250 for each later violation, and prohibited jail as a penalty for violating any face-covering order by any jurisdiction. [19]
- Max fine
- $250
- ✓ Verified
A July 2, 2020 proclamation amended GA-28, effective July 3, so that outdoor gatherings in excess of 10 people required the approval of the mayor or county judge. [20]
· Context
Council renews the Sixth Amended Declaration of Disaster 5-0
The council passed Resolution No. 10-13-20-1 renewing the Mayor's Sixth Amended Declaration of Disaster and continuing the local state of disaster, 5-0. It is the last continuation of the COVID-19 declaration found in the City Council minutes.[21]
Ginger NelsonElaine HaysFreda PowellEddy SauerHoward Smith
- ✓ Verified
On October 13, 2020 the council passed Resolution No. 10-13-20-1 renewing the Mayor's Sixth Amended Declaration of Disaster, 5-0. No later continuation of the COVID-19 declaration appears in the cached City Council minutes through 2021. [21]
· Context
Amarillo nears the GA-32 high-hospitalization threshold that limits businesses to 50% capacity
Executive Order GA-32 (October 7, 2020) limited businesses to 50% occupancy in any Trauma Service Area where COVID-19 patients exceeded 15% of total hospital capacity for seven consecutive days. On October 23 the Amarillo Pioneer reported, citing the City, that Amarillo's hospitalization rate was 17.29% and that a seventh consecutive day above 15% would cut business capacity to 50%.[22][23]
- ✓ Verified
GA-32 limited business establishments that otherwise had a 75% limit to 50% in areas with high hospitalizations, defined as a Trauma Service Area with seven consecutive days in which COVID-19 patients exceeded 15% of total hospital capacity. [22]
- ✓ Verified
The Amarillo Pioneer reported on October 23, 2020, citing the City, that Amarillo's COVID-19 hospitalization rate was 17.29% and that a seventh consecutive day above 15% on October 24 would require businesses to cut operating capacity to 50%. [23]
- Hospitalization rate
- 17.29%
· Context
Public libraries close to the public and park rentals and leagues stop as City Hall limits public contact
On November 9, 2020, in response to the City's Level Red status, all Amarillo Public Library locations closed to the public, with curbside service continuing. The Parks director told the Parks Board that City Hall would limit public interaction from November 9, that parks would remain open but reservations, park rentals and league play were discontinued to reduce gatherings of 10 or more, and that the Warford Activity Center and the zoo stayed open with limits of 10. The libraries reopened on February 4, 2021.[24][25][26]
- ✓ Verified
The December 14, 2020 Library Advisory Board minutes record: "On November 9, in response to City's Level Red status, all Amarillo Public Library locations closed to the public. Curbside service is available to patrons." The library added "Book Bundles" of 5 to 10 items through curbside service. [24]
- ✓ Verified
The November 18, 2020 Parks Board minutes list operational changes: "City Hall will limit public interaction beginning Monday, November 9th"; "No city services will be reduced"; "Parks will remain open. Reservations, park rentals and league operations have been discontinued to reduce gatherings of 10 or more"; golf courses open for individual play without tournaments; Warford Activity Center open with no more than 10 in the gym or pool; and the zoo open with indoor facilities closed. [25]
- ✓ Verified
The February 8, 2021 minutes record that "All Amarillo Public Library locations reopened to the public on February 4," open Monday through Saturday, 9 a.m. to 6 p.m., with no meetings or in-person programs, and that services would be phased back in based on the hospitalization rate, the City's COVID status levels and input from Public Health. While the buildings were closed, over 8,000 curbside transactions were completed and close to 500 library cards were issued online; library staff helped Public Health and the Amarillo Regional Infusion Center. [26]
- Curbside transactions
- 8,000
· Trigger
Council calls a special meeting on fining businesses that do not enforce COVID-19 rules
The council decided to hold a special meeting on Friday, November 20 on an ordinance to fine businesses that did not enforce the Governor's COVID-19 precautions. A day later KVII reported a petition from more than 1,000 local healthcare workers asking the Mayor to require and enforce mask-wearing with a penalty; the petition said GA-29 had not been enforced in the Amarillo area.[27][28]
- ✓ Verified
KFDA reported on November 17, 2020 that the council decided to hold an emergency meeting on the following Friday about fining businesses that did not enforce the Governor's COVID-19 precautions, and that City Manager Jared Miller said an ordinance could give businesses justification to require customers to wear masks, stay apart and avoid gatherings of more than 10 people. [27]
- ✓ Verified
KVII reported on November 18, 2020 that more than 1,000 nurses, physicians and other healthcare workers had signed a petition started by a local physician asking the Mayor to require and enforce mask-wearing for customers and employees with a penalty; the petition stated that GA-29 had not been enforced in the Amarillo area. [28]
- ⚠ Sources differ
Sources differ on the area the proposed enforcement would cover.
Reported value 1[27]
- Value
- Potter and Randall counties
KFDA reported on Nov. 17 that enforcement would cover all of Potter and Randall counties because they are parts of one public health district.
Reported value 2[29]
- Value
- City of Amarillo only
On Nov. 20 the Environmental Health Director told the council that the ordinance "would only apply to businesses in the City of Amarillo."
· Peak
Council passes Ordinance 7893 on first reading 4-1 after amending it to a 15% hospitalization trigger
At a special meeting the Environmental Health Director presented Ordinance 7893, declaring a site that fails to meet minimum standards designed to prevent the transmission of COVID-19 a public nuisance and authorizing civil and criminal enforcement. He said enforcement would begin with a warning and time to correct problems, that there had been no enforcement of the current protocols, and that the ordinance applied only to businesses in the City. After a public hearing, the council voted 4-1 to amend the motion to tie the ordinance to a 15% hospitalization rate based on the Governor's standards, then 4-1 to pass it on first reading. Councilmember Hays voted no both times.[29][30]
Ginger NelsonFreda PowellEddy SauerHoward SmithElaine HaysJared MillerCasie Stoughton
- ✓ Verified
Ordinance No. 7893 is captioned as declaring a site that fails to meet certain standards designed to prevent the transmission of COVID-19 a public nuisance, authorizing civil and criminal enforcement and declaring an emergency measure. The City Manager said a task force had based it on Texas Health and Safety Code Section 341.011. [29]
- ✓ Verified
The Environmental Health Director told the council that there had been no enforcement of any of the current protocols, that the department had provided education and on-site training to businesses, that GA-29 was not practicable to enforce, and that under the ordinance a warning would be issued and businesses allowed to correct problems before enforcement. The City Attorney said GA-29 had legal hurdles and operational limits on enforcing mask-wearing. [29]
- ✓ Verified
Asked why government offices were excluded, the Environmental Health Director said the ordinance was based on the Health and Safety Code and that government offices are exempt from state statutes. [29]
- ✓ Verified
On November 20, 2020 the council voted 4-1 to amend the motion "to reflect the seven-day metric of 15% from orange to 15% hospitalization rate based on the Governor's standards," then voted 4-1 to pass Ordinance 7893 on first reading. Nelson, Powell, Smith and Sauer voted yes; Hays voted no both times. Powell moved and Sauer seconded. [29]
- ✓ Verified
KVII reported that the ordinance would apply to businesses when more than 10 people were present, and that as amended it would take effect only when the hospitalization rate was above 15% for at least seven consecutive days; enforcement would start with education and on-site training, then a warning citation for a second offense, with a fine as the last resort. [30]
- ✓ Verified
elaine-hays: Councilmember Hays said she was against the ordinance because it was impossible for businesses to control and put the responsibility for mask-wearing on businesses; Mayor Nelson said it was being considered because hospitals were breaking records for patient numbers and that she wanted it as narrow as possible. [29]
· Peak
Council adopts Ordinance 7893 on second reading, 4-1
At a second special meeting the council passed Ordinance 7893 on second and final reading, 4-1, with Councilmember Hays voting no. The City Attorney said the maximum fine of $2,000 was the limit under Local Government Code Section 54.004, that a judge would set the amount, and that the ordinance enforced state law. Hays said the ordinance was punitive to businesses; Mayor Nelson said it asked businesses to post signs and ask people to wear masks, not to enforce mask-wearing.[3][31][32][33]
Ginger NelsonFreda PowellEddy SauerHoward SmithElaine HaysJared Miller
- ✓ Verified
The City Attorney said that under Local Government Code Section 54.004 a home-rule city's fine for a safety matter cannot exceed $2,000, that the ordinance set that maximum, and that a judge would set the amount. KFDA reported that a city judge could order a fine of up to $2,000 for a second offense, after a first step of counseling by environmental health inspectors. [3][31]
- Max fine
- $2,000
- ✓ Verified
Councilmember Hays said the ordinance misdirected effort and was punitive to businesses and that she was concerned it would increase resistance; the Amarillo Pioneer quoted her calling it "unconstitutional, potentially illegal, and an unfair transfer of burden to our small businesses." Mayor Nelson said the ordinance asked businesses to post signs and ask people to wear masks and did not ask businesses to enforce mask-wearing. The City Attorney said it was legal, constitutional and within home-rule powers. [3][32]
- Unverified
KVII reported on November 24, 2020 that the ordinance's effective date was December 11 and that it would remain in effect while the Trauma Service Area had a high hospitalization rate. The adopted ordinance text was not obtained to confirm the date. [33]
· Related development
A resident announces a lawsuit challenging Ordinance 7893
KVII reported that a resident was raising money for a lawsuit against the ordinance and had brought in a Houston attorney to seek an injunction, arguing it was unconstitutional. The City Attorney said the ordinance was constitutional and within a home-rule city's powers. The outcome of any suit was not found.[34]
- ✓ Verified
KVII reported that a local resident had started an online fundraiser to cover a lawsuit against the City over Ordinance 7893 and had brought in a Houston attorney to lead an effort for an injunction, saying the ordinance was illegal and unconstitutional. City Attorney Bryan McWilliams said the ordinance was constitutional and "within the bounds of home rule city's powers." [34]
· Resolution
Ordinance 7893 stops applying as the area hospitalization rate falls below 15%
KFDA reported on February 3, 2021 that the ordinance requiring businesses to ensure customers wore face coverings would no longer be in effect from Thursday, February 4, because the Amarillo Area Hospitalization Rate was under 15%. The Amarillo Pioneer reported that City officials said the fines would not be enforced for the time being and that the Governor's GA-29 mask requirement remained in effect.[35][36]
- ✓ Verified
KFDA reported on February 3, 2021 that the ordinance requiring businesses to ensure customers wore face coverings would no longer be in effect from Thursday, February 4, because the Amarillo Area Hospitalization Rate was under 15%. [35]
- ✓ Verified
The Amarillo Pioneer reported on February 4, 2021 that City officials said the face-mask requirement of the Governor's GA-29 remained in effect and that the ordinance's $2,000 fines would not be enforced for the time being because hospitalizations had dropped. City Manager Jared Miller said it was "of utmost importance that Amarillo residents maintain their commitment." [36]
- ✓ Verified
At the Amarillo Area Public Health Board's February 4, 2021 meeting the Environmental Health director reported, under "COVID Operations," "3,000 complaints and investigations for masking and social distancing." The minutes do not say how many, if any, led to a warning, citation or fine under Ordinance 7893 or any other order. [37]
- Complaints and investigations
- 3,000
· Resolution
Governor's GA-34 ends the statewide mask requirement and bars local mask penalties, effective March 10
Executive Order GA-34 ended the statewide mask mandate and COVID-19 operating limits for businesses, effective March 10, 2021. It provided that no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering, and superseded conflicting local orders. KFDA reported that the City prepared for businesses to open at 100% and that masks remained required at the City's vaccine clinic.[38][39][40]
- ✓ Verified
Governor Abbott's March 2, 2021 release said GA-34 ended the statewide mask mandate and that, if hospitalizations in a region rose above 15% of hospital bed capacity for seven straight days, a county judge could use mitigation strategies but could not impose penalties for failing to wear a face mask. GA-36 later recited that GA-34 provided that "no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering." [38][39]
- ✓ Verified
KFDA reported that the state order took effect March 10, 2021, that the City planned for businesses to open at full capacity, that 34 COVID-19 patients were in Amarillo hospitals, and that masks remained required at the City's vaccine clinic. [40]
- ✓ Verified
On April 8, 2021 the Environmental Health deputy director told the board that COVID operations were "Slowing down" and that "Most businesses are back to 100% occupancy." [41]
· Resolution
Governor's GA-36 prohibits cities and public health authorities from requiring face coverings
Executive Order GA-36, effective immediately, provided that no governmental entity, including a city or public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear one, with exceptions for government hospitals, state living centers and jails.[39]
- ✓ Verified
GA-36, effective May 18, 2021, provided that no governmental entity, including a county, city, school district or public health authority, and no governmental official may require any person to wear a face covering or mandate that another person wear one, with exceptions for state supported living centers, government-owned or -operated hospitals and jails, and for public schools until June 4, 2021. [39]
· Context
City returns to COVID-19 alert level red and asks, but does not require, residents to wear masks
KVII reported that the City returned to alert level red after weeks of rising cases, with the Public Health Director saying hospitals were at critical capacity, and that officials were asking but not requiring people to wear masks in public.[42]
- ✓ Verified
KVII reported on August 12, 2021 that the City returned to COVID-19 alert level red, that Public Health Director Casie Stoughton said hospitals were at critical capacity, and that officials were asking, but not requiring, people to wear masks in public. [42]
- ✓ Verified
The KVII report does not attribute the absence of a local mask requirement to GA-36 or any other state order, and no City statement making that link was found. [42]