Council decides against emergency order

The San Marcos City Council opted to “hit education hard” rather than make an emergency order to prevent the spread of COVID-19 after the city recorded its deadliest month amid the pandemic.

Director of Public Safety Chase Stapp revealed the stark statistic of 25 coronavirus-related fatalities in San Marcos during January preceded by 13 in December.

“Trends are for the moment going in the right direction,” Stapp said, adding that he's unsure if the decline in active cases and hospitalization rates is a natural decline from the spike in the aftermath of holiday gatherings or if it's a true decline. 

Hays County continues efforts for vaccination but with limited doses, the councilmembers had a lengthy discussion of what more they could do to prevent the spread without violating Gov. Greg Abbott’s executive order preventing local governmental bodies from making broader restrictions than his own. 

The possibility of sending a letter to Abbott requesting more aggressive public safety and health measures  was on Tuesday's council meeting agenda as well as another item to consider passing their own emergency orders. 

City Director of Communications Kristy Stark shared the city’s plans to expand the mask and COVID-19 safety campaign through press releases, news ads, fresh social media messages and graphics as well as signs in English and Spanish. 

There was broad councilmembers support for creating a video with community members who have suffered in the pandemic. 

“Nothing better than a local family that people have ties to, to tell people to be careful,” Councilmember Melissa Derrick said. 

Councilmember Maxfield Baker, who pushed the agenda items at the last council meeting said the mask and safety campaign is not effective, citing businesses, city employees and residents who do not wear masks or proper masks. 

City Manager Bert Lumbreras responded saying the city has done their best to manage the year-long unprecedented crisis. 

“We have a choice; either do nothing or do the campaign we are doing and try to be as effective as possible, understanding people are going to make choices,” Lumbreras said. “You know for a fact there are a lot of people out there that aren't going to follow it, doesn't matter how many posts or messages you put out there.”

In consideration of a letter, several councilmembers were concerned about the specific requests.

“There is some verbiage in this letter that I cannot support,” Councilmember Mark Gleason said. “I will not support and sign a letter that says to adopt and enforce a mandatory face covering.

“If we want to ask for more local control, I am all for it,” he said. “I don't think it's appropriate for the police department to enforce that.”

Abbott has already mandated masks in public places and allowed for the enforcement of mask wearing, punishable by a citation and fine up to $200. Stapp and City Attorney Michael Cosentino explained that hasn’t been happening because police officers cannot detain violators while they are writing a citation. 

“The reason I included (mask enforcement) in the letter is that globally that's what science has recommended, or we do a lockdown,” said Baker. “If we are unable to enforce masks or social distancing, we will see hospitalizations grow and end up in a lockdown situation.”

Several councilmembers wanted to do more but tabled the letter until Derrick and Baker could rewrite it as a document all councilmembers would support. 

Baker was the sole no vote for postponement saying that businesses needed to be held accountable.

“Every week or two that we wait, people are dying,” he said. “We need our governor and president and citizens to act quickly.”

The prospect of an emergency order was put to rest for the time being over concerns that the city would be sued for making stricter regulations than the state. 

“The concern revolves around the idea that the governor has opportunities for us to be enforcing face masks and social distancing,” Baker said. “I am disheartened that we are not.

“We need to do more to enforce common sense health standards revolving around the pandemic.”

Councilmember Shane Scott redirected the conversation to education, supportive of a community driven video. 

“I think by example would be the way to get people on board more,” Scott said. “We tend to not like to be forced into things but we tend to be sympathetic to things and that forces us, its human nature, to be more careful and responsible. I think if we target that market we can pull off what (we) are trying to do without anyone feeling threatened or violated.”

Derrick asked for more research into how the city can use the Governor’s order to enforce mask wearing, likening enforcement of masks to the rise of wearing seat belts. 

“It didn't matter how many times we saw a teenage girl fly through the windshield,” she said, “as soon as you could get a ticket, people started wearing seat belts. Now we have less death.”

The council resolved to focus on education while getting more information on options for enforcement rather than creating a new emergency order; directing time and resources to education rather than a potential lawsuit. 

Hughson will in the meantime consider another public health advisory.