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The great state of Texas

How Texas screwed it all up

That’s a more succinct headline for this story about how Texas went from having a low COVID-19 infection rate to one of the worst in the country. And the vast majority of the responsibility for this is on Greg Abbott.

In Houston, the largest medical campus in the world has exceeded its base intensive care capacity. In the Rio Grande Valley, elected officials pleaded this week for military intervention to avoid a “humanitarian crisis.” And in several major cities, testing sites are overrun, with appointments disappearing in minutes and hundreds waiting in line for hours.

Eight weeks ago, the White House lauded Texas as a model for containing the COVID-19 pandemic.

Now, Gov. Greg Abbott’s plan to reopen the economy has unraveled as the state struggles to contain one of the worst outbreaks in the country.

“We’re on the verge of a nightmarish catastrophe,” said Vivian Ho, a health economist at Rice University and the Baylor College of Medicine. “On May 1, I thought we actually had a chance to get this virus under control and get the economy opened up safely. I’m not sure we can get it under control anymore.”

Public health experts say the worst of the crisis was avoidable in Texas, where Abbott stripped local officials of the ability to manage their own outbreaks and until Thursday refused to mandate masks and other basic mitigation practices. The governor reopened before the state could adequately monitor the virus, health experts said, then ignored signs in late May that infections were beginning to run rampant.

“That is the point at which you say hang on a sec, we’re staying where we are, and are probably taking a step back to understand the scale of the problem here,” said Bill Hanage, an associate professor of epidemiology at Harvard’s T.H. Chan School of Public Health.

Without the tools in place to test quickly for infections and track those exposed, authorities believe the state was left blinded as the virus spread among younger Texans, who are less likely to develop symptoms.

Spokesmen for Abbott and state Health Commissioner Dr. John Hellerstadt did not respond to requests for comment. Asked at a televised town hall Thursday why he had not mandated masks sooner, the governor said the “data was only recently bad.”

“It was only in the past couple of weeks that we saw this spike in people testing positive,” Abbott said.

[…]

On April 27, Abbott said he would reopen the state in phases based on data and guidance from medical professionals, pledging not to simply “open up and hope for the best.”

His advisers laid out four criteria to guide the reopening: a two-week reduction in cases, hospital capacity for all patients, the ability to to conduct 30,000 daily viral tests and hire 4,000 contact tracers.

Abbott, however, did not commit to following them. Only in mid-June would the state begin meeting its testing goal. It has yet to hire enough contact tracers or see a sustained drop in infections.

He said the plan was designed to be applied regionally, with lighter restrictions imposed in areas with few cases, then overruled officials from large counties who tried to enact more restrictive edicts.

Abbott punctuated that point by effectively gutting Harris County Judge Lina Hidalgo’s April 22 mask order when he stripped the ability of local governments to punish residents who violated such mandates.

Several prominent Republicans, including Lt. Gov. Dan Patrick and U.S. Rep. Dan Crenshaw, had condemned Hidalgo’s order and its potential $1,000 fine as an abuse of power. They have continued to argue that the severity of the virus is being embellished, and some have even questioned whether masks are effective at stopping it from spreading.

The mask debate — which took another turn Thursday when Abbott issued his own statewide mandate — has sent mixed messages that may have left residents with the impression that face coverings are unimportant, said Dr. Gregory Tasian, an associate professor at the University of Pennsylvania Perelman School of Medicine.

“Without a clear direction from the state level, some of those masking policies become much less effective,” Tasian said.

There’s more, but you get the idea. I’ve said this before and I’ll say it again, Abbott never made any effort to meet those four metrics that he himself and his vaunted “Strike Force” laid out. (By the way, when was the last time you saw a news story about COVID-19 in Texas refer to the “Strike Force”?) Each time he relaxed another part of the previous restrictions in order to push reopening further, I pointed out that we had no plan and no reason to proceed as if everything was going to plan. All we had was hope and distraction, and look where that has gotten us. The extremely “mixed messages” (to put it lightly) about masking and social distancing was another huge problem, one that also didn’t have to happen. I get that Abbott felt pressure from Donald Trump and from the screaming howler monkeys of our state like Dan Patrick, but for Christ’s sake he’s the Governor, he’s got a gazillion dollars in his campaign treasury and by far the highest approval ratings of anyone in the state, and it’s his fucking job to be a leader. He failed at that at every step of the way.

What’s even more appalling is that he already had a model that was working for him, and that was to get out of the way of the local leaders, who were uniformly ahead of him on all the mitigation steps we first took back in March. It would have been perfectly consistent with his stated belief that some parts of the state needed more restrictions than others to let Lina Hidalgo and the other county judges impose face mask orders and keep a tighter rein on businesses as they saw fit. I believe it would have been politically expedient for him as well, since the raging assholes would have aimed all their fury and lawsuits at them instead of at him. It was when he caved in the most cowardly way possible to Shelley Luther, who was being held accountable to HIS OWN EXECUTIVE ORDER by a Dallas County judge that we all should have known what was coming next. Sure is funny how the cries for “law and order” get silenced when it’s a white suburbanite being taken to court.

I also want to note the bit in this story about nobody on Team Abbott responding to requests for comment. Another hallmark of this crisis, which has been a recurring theme of the Abbott reign in general, has been the way he operates in a closed and non-transparent fashion. He does the things he does, on his own and in consultation with no one outside his bubble, with no mechanism for feedback or consideration of other perspectives. I can’t help but think that this style has not done him any favors lately, and I expect it will result in a Legislature that doesn’t feel much need to defer to him or his priorities in 2021, and that’s even if the Republicans manage to hang onto the House. And, as some people have speculated, he could be headed for a challenge from the right in the 2022 primary. I doubt that my own preferences here would do anything to dissuade such a challenger. But a better outcome from the pandemic might go a long way towards shoring up his political position.

So here we are, and as bad as things are right now, they are certain to get worse in the short term, because that’s the way this virus operates. If we’re very lucky, the mask order and mild dialing back of reopening might make things be less bad. But it’s going to be bad. And it didn’t have to be. It’s Greg Abbott’s fault that it is.

Here’s a Census data preview

Guess what? The same trends we saw ten years ago are still trending.

Texas’ Hispanic population has grown by more than 2 million since 2010, according to new population estimates released Thursday by the U.S. Census Bureau, and the state’s demographer now predicts that Hispanics will be the state’s largest population group by mid-2021.

An annual gain of 201,675 between July 2018 and July 2019 pushed the count of Hispanic residents to more than 11.5 million, the census estimates show. Although annual growth has slowed slightly in recent years, the new figures put a sharp point on how quickly the Hispanic population continues to climb. The annual growth in Hispanic residents has outpaced the combined growth among white, Black and Asian residents every year since 2010.

Texas still has a bigger white population — up to 11.95 million last year — but it grew by just 36,440 last year and by about half a million since 2010. White population growth has been so sluggish this decade that the increase in the number of Asian Texans, who make up a small share of the total population, has almost caught up with the increase in white Texans.

The latest estimates could be the last to come in before lawmakers embark on redrawing the state’s congressional and legislative maps in 2021 to account for population growth — a fraught exercise that has previously led to drawn-out litigation over claims that new maps discriminate against voters of color who are behind the state’s growth. During the last redistricting cycle, Hispanics accounted for about 65% of that growth. With a year of growth left to be accounted for, their share of Texas’ population increase since 2010 is at nearly 54%.

The story included this table of population growth figures:


Race       2010 pop    2019 est   Increase
==========================================
Hispanic  9,460,921  11,525,578  2,064,657
Black     2,899,884   3,501,610    601,726
White    11,428,638  11,950,774    522,136
Asian       960,543   1,457,549    497,006

There must be a collection of people who don’t fall into any of these categories, because if I do the math on the Increase totals, “Hispanic” represents 56% of it, not 54%. White population growth is all of 14% of the total. This is very much in line with where we were in 2010. Now of course, these numbers are estimates, and the collection of the official Census data has been greatly hampered by the pandemic as well as the Trump administration’s relentless hostility towards immigrants, which included the now-defunct effort to put a citizenship question on the form. If the data we get next year differs radically from these figures, we’ll know why.

The headline reason for Census data is of course redistricting. Texas expects to get another three seats in Congress in 2021, though that could be affected by an undercount. Be that as it may, this is a good place to remind you to listen to my interview with Michael Li about the redistricting lawsuits from the past decade. I will have a new interview for you on the topic of redistricting for Monday, with Rep. Marc Veasey, who was one of the plaintiffs in that litigation.

Abbott finally issues a mask order

Better late than never, but it’s pretty damn late.

Gov. Greg Abbott issued a nearly statewide mask mandate Thursday as Texas scrambles to get its coronavirus surge under control.

The order requires Texans living in counties with 20 or more positive COVID-19 cases to wear a face covering over the nose and mouth while inside a business or other building open to the public, as well as outdoor public spaces, whenever social distancing is not possible. But it provides several exceptions, including children who are younger than 10 years old, people who have a medical condition that prevents them from wearing a mask, people who are eating or drinking and people who are exercising outdoors.

The mask order goes into effect at 12:01 p.m. Friday.

The order represents a remarkable turnaround for Abbott, who has long resisted such a statewide mask requirement, even as the coronavirus situation has gotten worse than ever over the past couple weeks in Texas. When he began allowing Texas businesses to reopen this spring, Abbott prohibited local governments from punishing people who do not wear masks. As cases began to rise earlier this month, he clarified that cities and counties could order businesses to mandate customers wear masks.

In recent days, though, Abbott had held firm against going further than that, saying he did not want to impose a statewide requirement that may burden parts of the state that are not as badly affected by the outbreak.

Abbott on Thursday also banned certain outdoor gatherings of over 10 people unless local officials approve. He had previously set the threshold at over 100 people. The new prohibition also goes into effect Friday afternoon.

[…]

Abbott’s announcement came a day after the number of new daily cases in Texas, as well as hospitalizations, reached new highs again. There were 8,076 new cases Wednesday, over 1,000 cases more than the record that was set the prior day.

Hospitalizations hit 6,904, the third straight day setting a new record. The state says 12,894 beds are still available, as well as 1,322 ICU beds.

Abbott has been particularly worried about the positivity rate, or the share of tests that come back positive. That rate, presented by the state as a seven-day average, has jumped above its previous high of about 14% in recent days, ticking down to 13.58% on Tuesday. That is still above the 10% threshold that Abbott has long said would be cause for alarm amid the reopening process.

First-time offenders of Abbott’s order will receive a written or verbal warning. Those who violate the order a second time will receive a fine of up to $250. Every subsequent violation is punishable also by a fine of up to $250. The order specifies that no one can get jail time for a violation.

Remember that PolicyLab projection from May that said Harris County would go from 200 cases a day to over 2,000 by now? Thankfully, we’re still not close to that – the ReadyHarris dashboard has mostly shown us in the 600 to 800 cases per day range recently, though I suspect there’s some lag in the data because there’s no reason why this week would be lower than the two previous weeks. Point being, we most certainly could have seen this coming, and we could have done a lot to protect ourselves before this happened. You know, like having mask orders in place all along, and letting local governments have more leeway to control crowd sizes. Note here that Abbott’s order targets outdoor gatherings, but not indoor gatherings. You know, like this one. I don’t understand the logic here, but whatever.

The real question is after all this time and all that bullshit from Republicans like Dan Patrick, how much resistance do you think there will be to this new order? Like, remember when Dan Patrick called Judge Hidalgo’s mask order “the ultimate government overreach”? Also, too, Jared Woodfill and Steven Hotze are suing to basically stop emergency orders, and had previously sued to stop Judge Hidalgo’s mask order, before Abbott overruled it himself. Our state has plenty of people who will perform their rage over being asked to take the health and well-being of their neighbors into consideration. I’m curious, and more than a little afraid, to see how that segment of our population reacts to this. The Current, the Press, and the Dallas Observer have more.

UPDATE: My God, but Dan Crenshaw is a hack.

The lack of testing is becoming a more serious problem

It was already serious. Now it’s extra serious.

As the new coronavirus continues to spread in Texas, leaders of some of the state’s biggest cities said Monday that their testing sites were being strained, forcing them to turn away people in the middle of the day or limit who is eligible to take a test.

In Travis County, interim County Judge Sam Biscoe said the county’s public testing is being rationed to only people with symptoms. Previously, local leaders had encouraged anyone to get tested, including asymptomatic people and people that had come into contact with COVID-19 patients.

“The rapid increase in cases has outstripped our ability to track, measure, and mitigate the spread of the disease,” Biscoe wrote in a letter to Gov. Greg Abbott asking to allow metropolitan areas to issue their own stay-at-home orders.

The largest laboratory analyzing tests is also strained, Biscoe said, to the point that the county has decided to prioritize cases from severely ill patients in hospitals. Residents in Travis County who don’t show symptoms still have other options, like private facilities, to get tested.

In Houston, Mayor Sylvester Turner said his city’s two public testing sites, where testing is still available to people who are symptomatic or asymptomatic, reached their maximum capacities before noon.

“The capacity on those sites will be increased from 500 [daily tests] to 650 each,” Turner said. “It is clear that there is a demand out there, and we need to ramp up as best as we can to meet that demand.”

Meanwhile, the two community-based testing sites in the city of Dallas are reaching their capacity “by noon or early afternoon daily,” according to city spokesperson Roxana Rubio. In these sites, testing is restricted to symptomatic patients, high-risk people, first responders, essential workers and asymptomatic patients who have engaged in large group settings.

The obvious problem here is that if you think you need a test but can’t get one, you have the choice of self-quarantine and hope for the best, or keep on keeping on, and hope you’re not the 2020 equivalent of Typhoid Mary. If everyone could reliably get a test and get their results in a reasonable amount of time, people would be much freer to move around, and maybe even socialize with other people who can confidently state that they are safe. Indeed, if we could do this at scale, we could do much more targeted quarantining, and thus let larger portions of society open up safely. Wouldn’t that have been nice? Other countries have managed to do it. Just not this one. SIt with that for awhile.

Meantime, in Houston, the spread of this disease is having a bad effect on crime.

With more than 10 percent of its workforce out due to COVID-19, the Houston Forensic Science Center is dangerously close to having to limit its responses to crime scenes, the agency’s director said Monday.

Of 200 total staff, 10 have tested positive for the novel coronavirus, said Dr. Peter Stout, CEO and president of the agency, which manages Houston Police Department’s forensic laboratory and crime scene unit. Another 12 are self-quarantining while they await test results. None of the exposures appear to have been transmitted through their work, Stout said.

Stout said he’s “very worried” because about one-fourth of the agency’s team dedicated to crime scene investigation is out of commission due to COVID-19. He’s concerned what that might mean for the center’s ability to collect evidence at murders, police-involved shootings and child deaths.

“We’re precariously close to having to shift around so we can have any capacity to make scenes that come up,” said Stout.

[…]

Delays in collecting evidence could mean further backlogs in criminal cases, prosecutors said.

“The pandemic is stretching the criminal justice system thin, causing backlogs up and down the system,” said Michael Kolenc, a spokesperson for the Harris County District Attorney’s Office. “We will address any impact on a case by case basis.”

The center was already severely understaffed for a city the size of Houston before the pandemic, Stout said. There are usually 27 people working in the CSI unit. In cities like Dallas and Austin, the standard is around 100 crime scene investigators, Stout added.

“It’s not even close to the right magnitude of what we should have,” said Stout. “Especially this year, with the escalation in homicides, we were in a real pinch with the crime scene unit already.”

The unit is now only able to travel to scenes of homicides, officer-involved shootings, deaths of children and around 1 percent of aggravated assaults reported in the city, said Stout.

“It’s a serious issue,” Stout said.

Sure sounds like one. Maybe we’ll do a better job with the next pandemic.

Hey, how about trying that local control thing again?

Seems like it might be worth a shot to led Mayors and County Judges lead on coronavirus response again, since they’ve done so much better a job of leading than Greg Abbott has.

As Texas grapples with soaring coronavirus cases and hospitalizations, local elected officials in some of the state’s most populous counties are asking Gov. Greg Abbott to roll back business reopenings and allow them to reinstate stay-at-home orders for their communities in an effort to curb the spread of the virus.

Officials in Harris, Bexar, Dallas and Travis counties have either called on or reached out to the governor in recent days, expressing a desire to implement local restrictions for their regions and, in some cases, stressing concerns over hospital capacity.

Stay-at-home orders, which generally direct businesses deemed nonessential to shut down, were implemented to varying degrees by local governments across the state in March before the governor issued a statewide directive at the beginning of April. Abbott’s stay-at-home order expired at the end of April, when he began announcing phased reopenings to the state and forcing local governments to follow his lead. Since then, a number of local officials, many of whom have been critical of Abbott’s reopening timeline, have argued that the jurisdiction to reinstate such directives is no longer in their hands.

“If you are not willing to take these actions on behalf of the state, please roll back your restriction on local leaders being able to take these swift actions to safeguard the health of our communities,” Sam Biscoe, interim Travis County judge, wrote in a letter to Abbott on Monday.

Biscoe asked Abbott “to roll all the way back to Stay Home orders based on worsening circumstances,” further cap business occupancy, mandate masks and ban gatherings of 10 or more people.

Officials in Bexar County also wrote a similar letter to the governor Monday, writing that “the ability to tailor a response and recovery that fits the San Antonio region’s need is vital as we look forward to a healthier future.”

“Our region’s hospital capacity issues and economic circumstances require stronger protocols to contain the spread of this disease,” Bexar County Judge Nelson Wolff and San Antonio Mayor Ron Nirenberg wrote. The two asked Abbott to “restore the ability for the City of San Antonio to take additional local preventative measures, including potential Stay Home/Work Safe restrictions.” They also asked the governor to mandate face coverings when outside a household and “clearer language that strictly limits social gatherings,” among other things.

[…]

Meanwhile, counties and cities across the state have implemented face mask requirements for businesses after Wolff, the Bexar County judge, moved to do so without facing opposition from Abbott. The governor had previously issued an executive order banning local governments from imposing fines or penalties on people who chose not to wear a face mask in public.

Local leaders have also voiced concerns about the testing capacity of large cities. In Travis County, Biscoe explained that because of the “rapidly increasing demand,” they are rationing testing only for people with symptoms. The stress on the system is also making contact tracing efforts more difficult.

“In summary, the rapid increase in cases has outstripped our ability to track, measure, and mitigate the spread of the disease,” Biscoe wrote.

Here’s the Chron story; Mayor Turner has joined the call for this as well. I seriously doubt Abbott will do any of this, because it will serve as an even more stark reminder of his abject failure to lead. But if the worst is still ahead of us, then it’s a choice between taking action now and making it end sooner, or denying reality and letting more people get sick and die. Abbott’s going to have to live with the consequences of his poor decision-making regardless, he may as well choose to do the right thing this time.

Of course, there may be other complications this time around.

The Texas Bar & Nightclub Alliance said it plans to sue the state of Texas over Gov. Greg Abbott’s recent order once again shutting bars across the state.

“Texas Bar and Nightclub Alliance (TBNA) is taking the necessary steps to protect the rights of our members and their employees across the state, who have been unjustly singled out by Governor Abbott,” TBNA president Michael E. Klein said in a statement.

[…]

TBNA said its members want to be allowed to reopen and have the same capacity allowances as restaurants, grocery stores and big-box retailers. It will sue in both state and federal court seeking to override Abbott’s order.

The majority of Texas bars had been adhering to strict guidelines restricting occupancy and ensuring safe serving practices for both customers and employees, TBNA’s Klein said. His take: if restaurants with bar rooms can operate at limited capacity, why can’t actual bars?

“To suggest the public welfare is protected by singling out one specific type of alcoholic beverage license over another is without logic and does not further the aim of protecting the public from COVID,” he added.

Well, one way to cure that disparity would be to order that all of them be closed for all except to go service. We’d also need to extend that waiver that allow restaurants to sell mixed drinks to go, which I’d be fine with. While I understand where the TBNA is coming from, this is Not Helping at a bad time. But then, given how Abbott folded on enforcing his own executive order in the Shelley Luther saga, I get why they thought taking an aggressive stance might work. Eater Austin has more.

UPDATE: Looks like the TBNA has been beaten to the punch:

Hoping to block Gov. Greg Abbott’s Friday decision ordering Texas bars to close due to a rise in coronavirus cases, more than 30 bar owners filed a lawsuit Monday challenging Abbott’s emergency order.

The lawsuit, first reported by the Austin American-Statesman, was filed in Travis County District Court by Jared Woodfill, a Houston attorney who has led previous legal efforts opposing Abbott’s other shutdown orders during the pandemic.

“Why does he continue unilaterally acting like a king?” Woodfill, former chair of the Harris County Republican Party, said of Abbott in an interview. “He’s sentencing bar owners to bankruptcy.”

[…]

In the lawsuit, the bar owners argue that their rights have been “trampled” by Abbott, while “thousands of businesses are on the brink of bankruptcy.”

Abbott on Friday said it “is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars.”

Tee Allen Parker said she is confused. As a bar owner in East Texas, she’s allowed to walk into church or a Walmart but not permitted to host patrons at Machine Shed Bar & Grill.

“I don’t think it’s right that he’s violating our constitutional rights,” Allen Parker, the lead plaintiff in the lawsuit, said Monday in an interview. “The reason I’m speaking up is I don’t like that he can’t be consistent. You lead by example. Everything he’s said he’s walked back. And I’m disappointed in him because I was a big fan of his.”

A copy of this lawsuit is here. I’ll say again, as with all of the other COVID-related lawsuits that Jared Woodfill has had his slimy little hands in, we deserve to have serious questions asked by better people than this. As for Tee Allen Parker, I swear I am sympathetic, but no one actually has a constitutional right to operate a bar. I would suggest that the solution here that prioritizes public health while not punishing businesses like hers that would otherwise bear the cost of that priority is to get another stimulus package passed in Washington. Such a bill has already passed the House, though of course more could be done for the Tee Allen Parkers of the world if we wanted to amend it. Maybe call your Senators and urge them to ask Mitch McConnell to do something that would help? Just a thought.

The pause effect on bars and restaurants

I feel terrible for them, but what could we do at this point?

Ed Noyes was trying to get some shut-eye when he woke up to seven different texts Friday morning.

Three of the five bartenders at his Fort Worth establishment — plus his girlfriend — delivered the news: Malone’s Pub had to shutter immediately under the governor’s orders. His employees wanted reassurances: Would the business survive? Should they file for unemployment? What were his next steps?

“We were just all in shock,” Noyes said.

On Friday morning, Gov. Greg Abbott delivered another economic blow to bars and other places that receive more than 51% of their gross receipts from selling alcohol. The establishments had to shut down by noon after a statewide surge in coronavirus infections officials said was largely driven by activities like congregating bars. There’s no immediate plan for when they’ll be able to reopen.

“The announcement just came out of nowhere,” Noyes said. “When I went to bed last night I thought we’d be open for the weekend, so this really blindsided me.”

Restaurants were ordered to scale back their operations to 50% capacity. And Abbott also banned river-rafting trips. They were his most drastic actions yet to respond to the post-reopening coronavirus surge in Texas.

But bars arguably faced one of the biggest challenges to operating in pandemic. Every tantalizing aspect of the nighttime hotspots — large crowds, prolonged bouts of close contact, mouths constantly open to drink or speak — clash with the health guidelines put in place as COVID-19 ravages the state.

[…]

Last weekend, the Texas Alcoholic Beverage Commission launched “Operation Safe Open” to ensure bars and restaurants were following coronavirus safety rules. As of Wednesday, 17 bars — out of nearly 600 businesses visited by the commission — got their alcohol permits suspended for 30 days.

In some enclaves, residents have complained about staff not wearing masks, social distancing measures not being enforced and tables not being cleaned after use.

“I went with a friend for a quick night out,” Steven Simmons, who lives in Tyler, said of a June 11 visit to a local pub. “Easy to enter the bar, just checked IDs and that was it. No social distancing being enforced, no hand sanitizer anywhere, tables were not cleaned after use or anything. Employees were not wearing a mask at all.”

But in other parts of Texas, including Austin and San Antonio, some bar owners say they’re trying to strike a balance between their livelihoods and business and public safety.

“We joke at the Friendly Spot Ice House that we make a ‘bestie pack,’” said Jody Newman, the owner of the San Antonio hotspot. “The pact is that people ‘friendly’ distance, that they mask up, that they have clean hands and that they be friendly and understand we’re all going through this together.”

Still, since opening during the first week in June, Newman said she’s seen about 30% of the business she would normally get at this time of year.

With Friday’s announcement, Newman said, “thousands and thousands of livelihoods hang in the balance.”

Here’s a local view of this dilemma.

“The whole thing is a mess for everyone. Obviously, we’ll have to adjust again,” said Alli Jarrett, owner of Harold’s Restaurant & Tap Room in the Heights, adding that reducing capacity means she will not be able to bring back workers she had hoped to re-employ. “It’s not just restaurants. It’s every single business – every segment of the population. We’re all in the same boat. It’s just really, really hard.”

[…]

Brian Ching, owner of Pitch 25 in EaDo, fears the worst. “I don’t know if the business will be here in a month, two months,” said Ching, who also is readying another bar, East End Backyard, to open in July. “We were able to get PPE but we’ve burned through it all.”

He is most concerned for his workers, he said. “This time around, being closed with no PPE, we are likely going to have to furlough employees. I feel for all of them. There seems to be no end in sight.”

Bar owner Andy Aweida said he worries what the bar shutdown will mean not just to his staff but to all those in the bar industry.

“We did everything we were asked and did it well. It’s unfair to them and many others. So many people are doing what is needed and playing by the rules,” said Aweida, a partner in the Kirby Group whose bars include Heights Bier Garten, Wooster’s Garden and Holman Draft Hall. “I truly feel horrible for all those amazing employees, staff and many other good, hard-working people this affects.”

Lindsey Rae, who opened Two Headed Bar in Midtown only six months ago, conceded that the first year for any business is the toughest. But the bar closures are catastrophic.

“This is going to be a financial disaster for us,” she said. “We are down 85 percent since the pandemic. All of our revenues are exhausted. We can only afford to operate for about one more month unless Gov. Abbott will give us some gleam of hope.”

Hope, however, seemed fading on Friday for Lukkaew Srasrisuwan, owner of the new Thai restaurant Kin Dee in the Heights. She saw six reservations cancel after the announcement.

“This is going in the wrong direction,” she said. “We are complying with the guidelines. We are a small restaurant and we just opened. This is tough.”

At 75 percent capacity, Kin Dee was “doing OK,” Srasrisuwan said. But not for long. “We can’t sustain at this level for more than one or two months,” she said. “I’ve seen the number of COVID-19 increase so I am not surprised by Gov. Abbott’s announcement but I am worried. We don’t want to lose our staff but I don’t know how to keep operating at this rate.”

For some restaurant owners, Abbott’s pullback was not unexpected.

“It’s about time, to be honest. I thought we reopened too soon,” said Christopher Williams, chef/owner of Lucille’s in the Museum District. “It’s the most responsible thing I’ve heard from (Abbott) in a while.”

Williams said he will be able to weather the capacity reduction because he was able to remain solvent by streamlining his menu, dropping prices, and increasing take-out. “At a time like this everyone needs to take profitability out of the equation. It’s about sustainability.”

George Mickelis, owner of the iconic Cleburne Cafeteria, said he was grateful for Abbott’s decision, and said he would be able to continue staying in business even at 50 percent.

“Obviously, no one wants to return to a complete shutdown and we pray that that is absolutely never necessary again,” Mickelis said. “We are all Texas tough and we will prevail.”

Two things can be true at once. This is a terrible blow to a crucial part of the Texas economy and culture. I’m much more of a restaurant person than a bar person these days, but bars are a key ingredient to neighborhood life, and a vital hang-out place for many people. They also employ a lot of people who’ve just been put back out of work at a time when we don’t know if there will be further federal assistance coming and the state of Texas has gone back to requiring out-of-work people to be actively job searching in order to get unemployment benefits. It’s also the case that we should have been a lot more careful and deliberate in allowing bars to reopen in the first place, precisely because everything about them makes them a prime vector for spreading a disease like COVID-19. I don’t know what else we could have done now, but it’s surely the case there are things we can and should have done differently before now.

Other businesses are now in a similar bind.

In the backyard of her business, Cutloose Hair, salon co-owner Ashley Scroggins watched a livestream Friday morning on her phone. On the screen was an image of Harris County Judge Lina Hidalgo speaking of the risks of COVID-19 to the region.

“Today we find ourselves careening toward a catastrophic and unsustainable situation,” Hidalgo said. “Our current hospitalization rate is on pace to overwhelm the hospitals in the near future.” She called for nonessential workers to stay at home.

Scroggins put down her phone and put on her mask. Then she walked into her salon, shut down the online booking system and began calling upcoming reservations: The salon was closing until cases subsided.

Officials have moved to contain the number of known COVID-19 cases spiking across the state, often through conflicting messages that left businesses attempting to weigh health risks against economic concerns.

While Hidalgo recommended nonessential workers stay home, she no longer had the power to enforce such a plan because Gov. Greg Abbott had superseded it with his own plan to reopen the state. Friday morning, Abbott rolled back portions of that plan — ordering bars and tubing and rafting establishments to suspend services and restaurants to cap dine-in capacity at 50 percent — but maintained other businesses could remain open.

That left salons, restaurants, gyms, offices, retailers and other businesses Friday to decide whether to heed Hidalgo’s call to return to the stay-at-home precautions she had the power to enact in March.

Many, like Cutloose Hair, decided shutting down on-premise operations was the right thing to do.

“It’s not getting better,” Scroggins said of the pandemic. “And the only way we can truly support our city is just to do what they’re asking us to do.”

It’s not an easy choice for many. My company, for which I’ve been working from home since March 6, two weeks before the city shut down, has suspended its plan to start bringing workers back to the office until further notice. I suspect there will be a lot more like this, and there should be. If you can reasonably work from home, there’s no good reason not to.

One possible small bit of hope for the bars and restaurants:

Under current state rules, restaurants and bars can sell beer, wine and liquor, but only in closed containers with their manufacturer’s seal intact.

The organization Margs For Life is lobbying to change that.

Founder Kareem Hajjar, also a partner in the Austin law firm Hajjar Peters LLP, is talking with Texas food and beverage associations to build support for an emergency order to let bars sell mixed drinks in containers that they seal on premises.

“While that work continues today, Margs For Life has evolved into a community of people who are either in the industry or support the industry, where we can share news and events, and help one another be as profitable as possible during this pandemic,” Hajjar told the Current.

Margs for Life’s proposed rule change, proponents say, would help restaurants and bars reduce inventory — and allow some facing dire financial circumstances to stay afloat.

“I’m privileged that I work at a bar that has granted me the ability to do to-go cocktail kits… But bars and restaurants would benefit from FULL to-go kits,” said David Naylor, a bartender at San Antonio craft-cocktail bar The Modernist, via a Facebook post. “Manhattans expertly built, Negronis that don’t require you to amass a stocked bar… ALL these are possible if [Gov. Abbott] would allow it.”

Abbott has expressed support for this idea.

Abbott originally signed a waiver March 18 allowing to-go alcohol sales, in an effort to support struggling restaurants after they closed their dining areas. The waiver was originally to last until May 1, but it was extended indefinitely. Abbott teased that this change could be permanent, tweeting at the time, “From what I hear from Texans, we may just let this keep on going forever.”

Abbott again tweeted late Saturday that he supports the idea of extending his temporary waiver. State Rep. Tan Parker, R-Flower Mound, replied, saying that he will file a bill in the upcoming legislative session to make it happen, also advocating to allow restaurants to continue selling bulk retail food items to go.

[…]

The Texas Restaurant Association submitted a proposal Thursday evening to Abbott’s office, asking to expand the waiver to also allow mixed drinks with liquor to be prepared, resealed and sold.

Cathy Lippincott, owner of Güero’s Taco Bar in Austin, said its margarita to-go kits were very popular during the beginning of the restaurant shutdowns, but as dining rooms began to reopen, sales dwindled. Now, days could go by without the restaurant selling a single kit.

Under the Texas Alcoholic Beverage Commission guidelines, restaurants can only serve liquor in manufacturer-sealed bottles and with the purchase of food. For several restaurants, including Güero, this means their drinks are served in do-it-yourself kits, where customers mix the ingredients and liquor together.

Lippincott believes that if mixed drinks were also allowed to be served to go, she could see that being a popular option.

I support this as well, and any action that can be taken now to achieve this should be taken. And then, when the Lege convenes in January, we should not only pass a law to make this permanent, but also revisit all of our archaic and anti-competitive laws that govern the manufacture and sale of beer, wine, and liquor. You know what I’m talking about. Let’s please at least let this terrible pandemic be a catalyst for something good.

Put a pause on that reopening

At this point, we had no other choice.

Gov. Greg Abbott on Friday took his most drastic action yet to respond to the post-reopening coronavirus surge in Texas, shutting bars back down and scaling back restaurant capacity to 50%.

He also shut down river-rafting trips and banned outdoor gatherings of over 100 people unless local officials approve.

“At this time, it is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars,” Abbott said in a news release. “The actions in this executive order are essential to our mission to swiftly contain this virus and protect public health.”

Bars most close at noon Friday, and the reduction in restaurant capacity takes effect Monday. Before Abbott’s announcement Friday, bars were able to operate at 50% capacity and restaurants at 75% capacity.

As for outdoor gatherings, Abbott’s decision Friday represents his second adjustment in that category this week. Abbott on Tuesday gave local governments the choice to place restrictions on outdoor gatherings of over 100 people after previously setting the threshold at over 500 people. Now outdoor gatherings of over 100 people are prohibited unless local officials explicitly approve of them.

Abbott’s actions Friday were his first significant moves to reverse the reopening process that he has led since late April. He said Monday that shutting down the state again is a last resort, but the situation has been worsening quickly.

I can’t emphasize enough that none of this had to happen. Greg Abbott laid out four metrics for reopening when he first lifted the statewide stay-at-home order: Declining daily case rates, positive test percentages below a certain level (I forget what exactly, maybe seven percent), three thousand contact tracers hired by the state, and sufficient hospital capacity. None of the first three were ever met, even at the beginning, and the predictable result is that now the fourth one is no longer being met. We could have driven the reopening by the metrics, instead of saying “on this date we’ll roll back these things and allow these things to resume”, but we didn’t. Greg Abbott made that decision. What is happening now is on him.

And so, here in Harris County, where our leaders’ efforts to take this pandemic seriously were entirely undercut by Greg Abbott, we are paying the price.

Harris County Judge Lina Hidalgo on Friday moved the county to the worst threat level, calling for a return to the stay-at-home conditions of March and April, as COVID-19 hospitalizations continue to spike.

She also banned outdoor gatherings of more than 100 people in unincorporated Harris County, while urging mayors to do the same in their cities.

Hidalgo described in dire terms the danger the pandemic currently poses, and said the county is at greater risk than at any other time since the outbreak began here in March.

“Today we find ourselves careening toward a catastrophic and unsustainable situation,” Hidalgo said. “Our current hospitalization rate is on pace to overwhelm the hospitals in the near future.”

Her remarks were a rebuke of Gov. Greg Abbott’s phased reopening strategy, which she said allowed Texans to resume normal life before they were safe. They also contradicted the rosy picture Texas Medical Center executives painted a day earlier of the system’s ICU capacity.

Hidalgo unsuccessfully lobbied the governor this week for the power to issue more restrictions, her office confirmed. Abbott’s refusal to let local officials again issue mandatory stay-at-home orders leaves Harris County “with one hand tied behind our back,” she said.

[…]

Though she lacks the power to require compliance, Hidalgo implored all county residents to follow the same rules as her stay-at-home order in March and April. That means residents should stay home except for essential errands and appointments, work from home if possible, wear a mask in public and otherwise avoid contact with other people.

Only a collective change in behavior can reverse the accelerating trend of COVID here, Hidalgo said. The alternative, she warned, is grim.

“If we don’t act now, we’ll be in a crisis,” she said. “If we don’t stay home now, we’ll have to stay home when there are images of hospital beds in hallways.”

Hidalgo and Dr. Umair Shah, the county’s health director, offered no concrete timeline for how long restrictions would be needed. The county judge noted that in some other states, lockdowns of up to three months were needed to bring the virus under control.

A tripling of cases and hospitalizations since Memorial Day have placed intense pressure on state and local leaders to act. With Abbott’s blessing, Hidalgo and other local leaders have issued mandatory mask orders since last week, mandating businesses to require their customers wear facial coverings.

The governor effectively gutted Hidalgo’s original order requiring residents to wear masks at the end of April by preventing any punishments from being levied against violators. Enforcement never was the point, Hidalgo said Friday, but she blamed the governor for signaling to residents that mask-wearing was unimportant.

See here for the background. We can’t know what shape Harris County would be in now if Judge Hidalgo had been allowed to make her own decisions instead of being overruled by Abbott. But it’s hard to say we’d be any worse off than we are now.

Of course, some people still think it’s all sunshine and puppies up in here.

Texas Lt. Gov. Dan Patrick went on national television to declare Texas is not running out of intensive care hospital beds and to assure viewers that the state is “not stepping backward” in re-opening businesses.

Speaking on Fox News Channel on Thursday night, Patrick acknowledged new COVID-19 cases are increasing in Texas, but assured viewers it was expected.

“We have seen a spike in cases. We expected that,” Patrick said pointing to increased testing. “Our hospitalizations are up, but here’s the good news, the good news is we’re not seeing it translate to the ICU unit or into fatalities.”

You can read the rest if you want, but really, what you need to do is CLAP LOUDER!

There is one piece of good news:

The Trump administration reversed itself and extended support for testing sites in Texas on Friday.

The extension followed a public outcry after TPM revealed on Tuesday that federal help was set to end on June 30.

Health and Human Services Assistant Secretary Brett Giroir said in a statement that his agency would support five testing sites in Texas for two weeks longer than initially planned.

Sens. Ted Cruz (R-TX) and John Cornyn (R-TX) sent a letter to HHS Secretary Alex Azar on Thursday requesting an extension of support for the free, drive-through testing sites.

Local officials in Texas have spent weeks clamoring for the sites to be extended. The move comes as cases and hospitalizations in the state have skyrocketed, and as Gov. Greg Abbott (R) has paused the state’s reopening.

“Federal public health officials have been in continuous contact with our public health leaders in Texas, and after receiving yesterday’s request for an extension, have agreed to extend support for five Community-Based Testing Sites in Texas,” Giroir said in a statement. “We will continue to closely monitor COVID-19 diagnoses and assess the need for further federal support of these sites as we approach the extension date.”

See here for the background. It’s two weeks’ worth of good news, which isn’t enough but is better than nothing. Now let’s extend that out to infinity, or whenever we don’t need testing at scale, whichever comes first.

One more thing, just to hammer home the “it didn’t have to be this way” point:

Texas is also a wee bit larger than Taiwan, with less density and public transportation. They’re already playing baseball in Taiwan, have been for a few weeks now. I’m just saying.

Have we gone from “concerned” to “alarmed” yet?

We’re getting there.

With cases of the coronavirus surging to record levels in Texas, Gov. Greg Abbott recommended Tuesday that Texans stay home as much as possible and for the first time moved to allow the tightening of two kinds of restrictions that had been eased under his reopening plan.

“We want to make sure that everyone reinforces the best safe practices of wearing a mask, hand sanitization, maintaining safe distance, but importantly, because the spread is so rampant right now, there’s never a reason for you to have to leave your home,” Abbott said during an early-afternoon interview with KBTX-TV in Bryan. “Unless you do need to go out, the safest place for you is at your home.”

Within hours, Abbott made two announcements to alter the reopening process. He scaled back a previous statewide order and gave local officials the ability to place restrictions on outdoor gatherings of over 100 people, a threshold he originally set at 500 people. And Abbott said the state would enact mandatory health standards for child care centers after prior rules became voluntary earlier this month.

The moves came a day after Abbott said at a news conference that the coronavirus was spreading at an “unacceptable rate” but did not offer any new policies to stem the virus’ spread. Instead, he reiterated long-established guidelines such as social distancing and pointed out that the state was increasingly cracking down on businesses that allow large crowds. At the news conference, Abbott also encouraged Texans to stay home, albeit in less explicit terms than he did in the KBTX interview.

The Monday news conference marked a newly urgent tone by Abbott, which he continued into Tuesday. During TV interviews in the noon hour, he made the somewhat unusual move of getting ahead of the state’s daily announcement of new coronavirus cases, bracing audiences for a new record high exceeding 5,000 — a big increase over the last peak of 4,430 on Saturday.

Before sharing the new record figure with KBTX, Abbott said he was trying to “make sure people around the state really comprehend the magnitude of the challenge we’re dealing with.”

By the end of the afternoon, the state Department of State Health Services had reported the precise number: 5,489 new cases.

At the same time, two metrics that Abbott has prioritized — hospitalization levels and positivity rate — continued to trend in the wrong direction. Hospitalizations reached 4,092, marking the 12th straight day of a new peak. The positivity rate — or the ratio of cases to tests, presented by the state as a seven-day average — reached 9.76%, back to the level it was at in mid-April.

It’s bad, y’all.

The Texas Medical Center’s intensive care capacity could be exceeded as soon as Thursday because of the surge in COVID-19 patients, the hospital system projects.

A TMC model also predicts ICU surge capacity — extra, temporary beds and equipment used in emergencies — could be exceeded as soon as July 6 if the steep rate of new COVID hospitalizations continues, the most aggressive modeling to date.

Eleven leaders of the system’s member hospitals and medical schools said in a joint statement that COVID-related admissions were increasing at an “alarming rate,” stretching the capacity of ICU units. Texas Children’s Hospital this week began admitting adult patients to handle the surge.

“If this trend continues, our hospital system capacity will become overwhelmed, leading us to make difficult choices of delaying much-needed non-COVID care to accommodate a greater number of COVID patients,” the group wrote.

The leaders urged residents to stay home when possible, practice social distancing and wear masks.

Stay home.

Houston employers ought to send workers back home from the office if possible due to spiking coronavirus cases in the region, the region’s leading business group said Wednesday.

Bob Harvey, the president and CEO of the Greater Houston Partnership, said in a statement that Houston COVID-19 cases are reaching a “critical point” and that employers need to do their part in helping to curb what he called an “alarming trajectory.”

“We encourage employers to strongly consider returning to a work-from-home model,” Harvey said. “To keep our Houston economy moving forward, we must all do our part.”

On Tuesday, Gov. Greg Abbott asked Texans to voluntarily stay home if possible.

We’re basically back where we were in March and April, with county governments still trying to figure out what to do without clear direction from the state and a complete abdication of responsibility from the White House. The Texas Restaurant Association is calling for a statewide face mask mandate, a thing that is very much necessary now but could have done so much more good a month ago when we were in this mad stupid rush to reopen everything. Imagine if we could have been able to reopen without thousands of people getting sick every day? Too bad, that’s not how it went. What we’re doing now – and what we’re still not doing because Greg Abbott still isn’t doing it – is definitely too late. If we’re very lucky, maybe it won’t be too little. The Chron has more.

UPDATE: Oh, the irony.

Visitors from Texas will soon have to quarantine for 14 days if they travel to New York, New Jersey, or Connecticut, according to the three states’ governors, who also took aim at Texas’ handling of the coronavirus outbreak on Wednesday.

The move comes as coronavirus cases and hospitalizations hit record highs in Texas, surpassing 5,000 new cases in a single day on Tuesday and making the state one of the country’s coronavirus hotspots.

Gov. Andrew Cuomo of New York, Gov. Phil Murphy of New Jersey, and Gov. Ned Lamont of Connecticut, all Democrats, held a joint press conference Wednesday to announce the policy, which will affect nine states whose infection rates have met thresholds indicating “significant community spread,” including Texas, Arizona, and Florida, according to reports.

“We need to do things right inside the four walls in our respective states,” Murphy told reporters.

The restriction on Texas travelers marks a notable shift in which states are being flagged nationwide for the most alarming increases of coronavirus cases. Earlier in the pandemic, Texas touted comparatively low hospitalization rates and was pointing the finger at other states where the virus was raging.

In late March, Texas imposed a 14-day quarantine on travelers from New York, New Jersey, Connecticut, Washington, and California – some of the early coronavirus hotspots. The state also mandated quarantines for those driving or flying to Texas from neighboring Louisiana as well as flying from Miami, Atlanta, Detroit, and Chicago. Those orders have since been lifted.

Abbott did not respond to a request for a comment for this story, but that’s all right. We know what he’d have said: He’s “concerned, but not alarmed”. You’re welcome.

Our wishy-washy Governor

It’s all about evading responsibility. At least now it’s starting to become clear to people.

Counties and cities across Texas swiftly followed Bexar County Judge Nelson Wolff’s lead this week after he ordered businesses — without opposition from Gov. Greg Abbott — to require employees and customers wear face masks when social distancing is not possible.

Although the governor issued an executive order June 3 banning local governments from imposing fines or criminal penalties on people who don’t wear masks in public, Abbott on Wednesday commended Wolff for putting the onus for face masks on businesses. In an interview with KWTX, Abbott said the local official “finally figured that out.”

“Government cannot require individuals to wear masks,” he added. “Local governments can require stores and business to require masks. That’s what was authorized in my plan.”

But those assertions have brought quick criticism from local officials — and lawmakers from within Abbott’s own party.

City and county officials, some of whom signed on to a letter asking for the power to mandate face masks, fault Abbott for two things. They say he should have explicitly told them that businesses could require face masks. And, they say, his lack of a statewide mandate even as he emphasized the importance of wearing a mask prompted some Texans to let their guards down against taking precautions to stop the virus’ spread.

A spokesman for the governor did not immediately respond to a request for comment Friday.

Abbott’s comments about Wolff figuring out what the governor’s order allows came the same week that Texas continuously set new records for coronavirus infections and hospitalizations. More than 3,100 Texans were hospitalized with COVID-19 on Friday, the eighth day in a row that a new record for hospitalizations was set. And the state reported more than 3,000 new infections a day three times this week, after previously never exceeding that threshold. Those infections and hospitalizations come several weeks after Abbott allowed businesses to begin reopening.

“Our best tool for fighting this pandemic is public trust, and the work that we have to do and putting the public health guidance out front, so that people have the information that they need to make good decisions for their businesses, for themselves and their families is critical,” San Antonio Mayor Ron Nirenberg said Friday. “When the orders at any level of government are so obtuse that our partners can’t figure them out, it’s not to be celebrated.”

[…]

State Rep. Erin Zwiener believes the reason Abbott allowed for Bexar’s order to go through is because of the rising number in coronavirus cases and hospitalizations. She said she doubts state officials would have allowed the order a month ago.

“Either the attorney general would have ruled it didn’t line up with his order or Governor Abbott would have adjusted his order to get rid of that loophole,” she said.

Abbott initially appeared largely amenable to cities and counties interpreting his earlier directives however they saw fit, deciding when to arrest or fine violators, warn them verbally, leave informational flyers or do nothing at all. Then, he changed his mind and, along with the state’s other Republican leaders, blasted local officials in Dallas and Houston for what they called overzealous enforcement of COVID-19 regulations.

“Ideas were being discussed, people were looking for loopholes, the issue is that the governor created a situation where locals felt like they had to be cautious to avoid being cracked down upon,” Zwiener said. “We wasted the benefit we got from our shut down by not having well-established practices in our businesses that they opened, and not clearly communicating to the Texas public the behavioral modifications they needed to make.”

At an April press conference where he talked about plans for reopening the state, Abbott took away local officials’ ability to issue fines for violating coronavirus-related orders, adding that his executive order “supersedes local orders, with regard to any type of fine or penalty for anyone not wearing a mask.”

You know the story. It’s hard for me to say which was more craven, the Shelley Luther flip-flop, or the “you solved my riddle” baloney. I get the need to reopen, and I understand that different parts of the state were affected in different ways. But that more than anything argues for letting local leaders have more autonomy, because the places that are being hardest hit now are the ones that had been able to get things under control initially, but were completely hamstrung by Abbott’s usurping of their authority. I’ve been asking for weeks what we were going to do if the numbers started to get bad. Now we know, but is it too little too late? If it is, we know where the blame lies.

Masks up

We solved Greg Abbott’s riddle, so all is well now, right?

With Gov. Greg Abbott’s apparent blessing, Bexar and Hidalgo counties have imposed a new mask rule for local businesses, saying they must require employees and customers to wear masks when social distancing isn’t possible. The move appears to open a new way for local officials to require mask use in certain public spaces after Abbott stymied prior efforts by local officials to put the onus on residents.

Bexar County Judge Nelson Wolff’s and Hidalgo County Judge Richard Cortez’s orders comes after Abbott issued an executive order June 3 banning local governments from imposing fines or criminal penalties on people who don’t wear masks in public.

Wolff’s order states that, starting Monday and running through the end of the month, businesses in Bexar County must require face masks “where six feet of separation is not feasible” before the business risks facing a fine of up to $1,000. Cortez’s order states businesses in Hidalgo County will risk being fined starting Saturday and will remain in effect until further notice.

The orders also state that, consistent with Abbott’s executive order, “no civil or criminal penalty will be imposed on individuals for failure to wear a face covering.” Later in the day, San Antonio Mayor Ron Nirenberg signed an update to his emergency health order to express support for and adopt Wolff’s order, saying that, as the number of coronavirus cases increase in the city, “masks are our best line of defense.”

[…]

“I’m pleased that the Governor has changed his mind. I’m asking our county lawyers and business leaders to look at this and plan to make a proposal for the Commissioner’s Court to look at very soon,” Dallas County Judge Clay Jenkins said in a statement, who said he’s already looking into whether he’ll follow suit.

A spokesperson for Harris County Judge Lina Hidalgo said they are checking with the county attorney’s office on Wolff’s order, adding that “we’re not any safer today than we were in March. There is no vaccine. No cure. We remain very concerned about the trajectory of hospital admissions.”

Texas Attorney General Ken Paxton’s office had already warned officials in big cities, including San Antonio, to roll back “unlawful” local emergency orders that featured stricter coronavirus restrictions than those of the state, while hinting of lawsuits if they do not. Paxton’s office declined to comment on Wolff’s order Wednesday.

See here for some background. The city of Austin has already issued a similar order, and I figure it’s just a matter of time before Harris and Dallas and a bunch of other places follow suit. I feel confident saying that the wingnut contingent will not take this lying down, so the question is whether they fight back via Hotze lawsuit, or do actual elected Republicans with their own power and ambition like Ken Paxton get involved? And when they do, what inventive technique will Abbott find to shift the blame to someone else this time?

Riddle me this, Governor

Parody is dead.

Bexar County Judge Nelson Wolff issued a new executive order Wednesday that mandates face coverings for the general public and directs businesses to require employees and customers to wear them in situations where social distancing is not feasible.

The order requires all “commercial entities” in Bexar County to implement a health and safety policy that includes mandatory face coverings in situations involving close contact with others. Failure to implement the policy by Monday could result in a fine up to $1,000, according to the order.

Wolff’s order, which comes amid a surge in positive coronavirus cases and patients hospitalized with COVID-19, seems to clash with that of Gov. Greg Abbott, who said in April that no local jurisdictions would be able to fine or jail people for not wearing a face covering. Download Wolff’s order here.

“Judge Wolff’s order is not inconsistent with the Governor’s executive order,” John Wittman, a spokesman for Abbott, told the Texas Tribune. “Our office urges officials and the public to adopt and follow the health protocols for businesses established by doctors” that are available online.

Under the new order, an individual couldn’t be fined for failure to wear a mask, but businesses can be penalized for failing to implement face-covering policies. Though the County order is “pushing the legal bounds” against the state order, Bexar County attorneys say they can defend it in court, Wolff said at a news conference.

“We cannot rely on the state to do what needs to be done,” said Bexar County District Attorney Joe Gonzales, who joined Wolff at the news conference.

In an interview with KWTX-TV in Waco, Abbott said Wolff has “finally figured” out what locals can do with masks under statewide order: “Government cannot require individuals to wear masks. However, pursuant to my plan, local governments can require stores and business to require masks.”

“Local governments can require stores and business to require masks. That’s what was authorized in my plan,” Abbott added. “Businesses … they’ve always had the opportunity and the ability, just like they can require people to wear shoes and shirts, these businesses can require people to wear face masks if they come into their businesses. Now local officials are just now realizing that that was authorized.”

State democrats took issue with Abbott’s lack of clarity.

“If only the Governor had been clear all along that his executive order was a riddle for counties and cities to solve,” Rep. Lloyd Doggett (D-San Antonio) said in an email to the Rivard Report. “Earlier today, I urged him to unshackle local leaders by restoring their authority to set rules essential to protecting public health; I hope he continues on this path.”

Apparently, Greg Abbott has been channeling the Sphinx all this time. Who knew? Maybe there’s also some buried treasure out there, waiting for someone to decipher all the clues in his public statements. I can’t do this justice, so let me outsource some of the snark to a conservative talk radio host:

Perhaps if the original executive order – you know, the one Abbott soon after abandoned in a panic following the outcry from disaffected mullet-wearers – had included the instructions to click our heels together three times, we might have figured it out sooner. Lesson learned for the future, I suppose.

Anyway. Now that we have apparently leveled up, Harris County Judge Lina Hidalgo is considering a similar order, which I hope she follows through on. I for one am never going to get over this particular piece of idiocy.

Whistling past the ICU

Clap louder!

Gov. Greg Abbott and top Texas health officials on Tuesday responded to growing alarm over hospitals now swelling with coronavirus patients, assuring there is still plenty of space available even as some facilities have neared or surpassed capacity.

Speaking on yet another day of record high hospitalizations from the pandemic, Abbott said he is confident the state can continue reopening while controlling the spread of new infections.

“As we begin to open up Texas and Texans return to their jobs, we remain laser-focused on maintaining abundant hospital capacity,” said Abbott, a Republican. “The best way to contain the spread of this virus is by all Texans working together and following simple safety precautions.”

On Tuesday, the Department of State Health Services reported just over 2,500 COVID-19 patients in Texas hospitals, the highest single-day total since the pandemic began and nearly 67 percent more than on Memorial Day in late May. State and local leaders have pointed to the holiday weekend as one likely cause for the increase.

Statewide, there are still thousands of hospital beds and ventilators available. But in some of the largest cities, including San Antonio and Houston, the surge is pushing new limits. In Harris County, some hospitals said late last week that their intensive care units were near or above capacity.

Bill McKeon, CEO of the Texas Medical Center, said their number of COVID-19 patients has nearly doubled from its previous peak in late April. Many of the patients admitted now are younger and generally healthier, but are still susceptible to serious illness or death from the disease.

“If it continues to grow at this rate, we’re going to be in real trouble,” McKeon said of the admissions. He added that while it may not be feasible to reimpose lockdowns or other restrictions, state leaders should consider slowing the reopening if the uptick continues.

The official death count is past 2,000 now, though everyone knows that’s an undercount. On a per capita basis that’s still pretty low, but we’re doing our best to catch up. The idea that we’re “controlling the spread” in any fashion is laughable, except there’s nothing funny about what’s happening. And then we get this:

Abbott remained unwilling Tuesday to allow local officials to enforce their own mask ordinances, even as he acknowledged that many Texans are not wearing them. He instead accused Democratic county judges of not having done enough to punish businesses that fail to comply with other protocols, such as limits on public gatherings.

While they have the authority, Abbott said, many “haven’t lifted a finger.”

Hey, remember when Greg Abbott cravenly flip-flopped on consequences for not following his own executive orders? Good times, good times. What would you like the county judges to use, harsh language? Let’s not forget who’s in charge here.

But local officials are still trying, at least:

The mayors of nine of Texas’ biggest cities urged Gov. Greg Abbott in a letter Tuesday to grant them the “authority to set rules and regulations” mandating face masks during the coronavirus pandemic.

As COVID-19 cases and hospitalizations continue to climb in Texas, an executive order from Abbott bans local governments from imposing fines or criminal penalties on people who don’t wear masks in public. The mayors wrote that many people in their cities continue to refuse to wear face masks and that “a one-size-fits-all approach is not the best option” when it comes to regulating the issue.

The letter is signed by Houston Mayor Sylvester Turner, San Antonio Mayor Ron Nirenberg, Austin Mayor Steve Adler, Dallas Mayor Eric Johnson, Fort Worth Mayor Betsy Price, El Paso Mayor Dee Margo, Arlington Mayor Jeff Williams, Plano Mayor Harry LaRosiliere and Grand Prairie Mayor Ron Jensen.

The letter asks Abbott to consider allowing each city’s local officials to decide whether to require the use of a face covering in order to prevent the spread of the virus.

Mayor Turner’s press release is here, and a copy of the letter sent to Abbott is here. There was no response as of Tuesday afternoon.

Finally, let’s not forget that even as businesses may want to reopen, coronavirus may not let them. It’s almost as if an unchecked pandemic is a hindrance to having your economy run at full capacity. But don’t worry, Greg Abbott has everything under control. Now keep clapping!

Threat level orange

Not great.

A large, ongoing outbreak of COVID-19 places the Houston area on the second-highest of four public threat levels unveiled by Harris County Judge Lina Hidalgo on Thursday.

If troubling trends continue, including an increase in coronavirus cases and hospitalizations, the county health department again would recommend residents stay at home except for essential errands, such as buying groceries and medicine, she said.

Without criticizing Gov. Greg Abbott directly, she said the reopening of businesses he permitted to begin May 1 happened too quickly, leaving the Houston area at risk of an outbreak hospitals are unable to handle.

“I want the reopening to be successful. I want the economy to be resilient,” Hidalgo said. “But I am growing increasingly concerned that we may be at the precipice of a disaster.”

The county judge said she wanted to create an easy-to-understand chart for the public to replace a series of lengthy advisories and orders her administration has issued to date.

The county currently is at Level 2 of the color-coded chart produced by the county health department, with Level 1 being the most severe.

Level 2 is defined by ongoing transmission of the virus, with testing and contact tracing likely to meet demand. It states that residents should avoid unnecessary contact with others, avoid crowds and visit only businesses that are following public health guidelines.

Coronavirus cases in the Houston area have increased steadily since Memorial Day weekend, and COVID-19 hospitalizations reached an all-time high last week. Harris County had 9,296 active cases and 267 deaths as of Thursday.

[…]

Hospitals in the 25-county Houston region were using 88 percent of their ICU capacity as of Wednesday, and the system has never exceeded 100 percent. City of Houston health authority Dr. David Persse, however, said the situation at individual facilities is more dire. He expressed particular concern about the two public hospitals in the Harris Health System, Lyndon B. Johnson and Ben Taub.

During the county’s stay-at-home period, local ICU bed usage often was below 80 percent.

See here and here for some background. You can find the threat level system here. To put that latter statistic into some context:

But don’t worry, Greg Abbott is concerned but not alarmed.

Two weeks ago, Gov. Greg Abbott visited Amarillo to declare victory over a coronavirus outbreak that had wreaked havoc on the Panhandle.

Showcasing dwindling caseloads and a stable supply of hospital beds, he said the region’s success was indicative of a state moving forward amid a containable pandemic.

“Amarillo has turned a corner on its pathway toward a positive, effective resolution of this particular hotspot,” Abbott remarked, applauding local officials and the “surge” teams of medical and military staffers that have become a hallmark of his reopening playbook.

But as one problem subsided, others newly emerged. Cases in Texas have since ballooned to record highs, and hospitals in Houston, San Antonio and other major cities are filling once more with COVID-19 patients. On Friday, as Abbott allowed restaurants to open at near-full capacity, the public health nightmare seemed to only be growing.

The governor, though — one of the first to relax his state’s stay-at-home order — is pushing ahead. “Concerned but not alarmed” was how he and his surrogates put it this week, even as fellow governors in Oregon and Utah pumped the brakes on their reopenings amid rising caseloads.

“This was to be expected,” said Abbott, a Republican, in a television interview on Wednesday. “Many of these cases we’re seeing have been in the aftermath of the Memorial Day weekend, and some are the early part of when these protests began.”

[…]

John Wittman, a spokesman for Abbott, said responsibility ultimately lies with the public.

“Texans have done a good job so far, but the reality is people need to stay vigilant,” he said. “Summer is here and everyone wants to go to the pool, but COVID has not left the state. People need to social distance, they need to wear masks.”

Seems like a lot to ask of the public when the consistent message from its leaders is “we’re reopening, it’s safe to go to bars and waterparks and gyms and whatever else again”. Greg Abbott listed four key metrics. We only ever met one, and that’s hospital capacity. We’re still short on contact tracers, which may not matter anyway since a significant portion of the population won’t cooperate with them anyway. As of a month ago, we were near the bottom of state testing per capita; I can’t find any more recent numbers than that. If Abbott ever does get alarmed, we’re well and truly screwed. The Trib has more.

Rating summertime risks

You want to get outside and do things this summer? Here’s how to think about various activities in terms of risk, so you can do things that are safer and avoid things that are not.

It has been around two months of quarantine for many of us. The urge to get out and enjoy the summer is real. But what’s safe? We asked a panel of infectious disease and public health experts to rate the risk of summer activities, from backyard gatherings to a day at the pool to sharing a vacation house with another household.

One big warning: Your personal risk depends on your age and health, the prevalence of the virus in your area and the precautions you take during any of these activities. Also, many areas continue to restrict the activities described here, so check your local laws.

And there’s no such thing as a zero-risk outing right now. As states begin allowing businesses and public areas to reopen, decisions about what’s safe will be up to individuals. It can help to think through the risks the way the experts do.

“We can think of transmission risk with a simple phrase: time, space, people, place,” explains Dr. William Miller, an epidemiologist at Ohio State University.

Here’s his rule of thumb: The more time you spend and the closer in space you are to any infected people, the higher your risk. Interacting with more people raises your risk, and indoor places are riskier than outdoors.

Dr. Emily Landon, a hospital epidemiologist and infectious diseases specialist at University of Chicago Medicine, has her own shorthand: “Always choose outdoors over indoor, always choose masking over not masking and always choose more space for fewer people over a smaller space.”

Read on for advice about fourteen specific activities. This is the right way to think about these things. Nothing is 100% safe, but some things are a lot less safe than others. Wearing a mask improves the odds in most situations, which is why we should all want to do that – it makes more things less risky. That doesn’t come with a guarantee – as with everything else in life, you can do the right thing and still get a bad outcome – but it at least moves the needle in your favor. Understanding the situation you’re in and what risk factors you face helps keep you away from making bad bets. What more do you want?

Confederate monuments to be removed

From the inbox:

Today, Mayor Sylvester Turner announced the City of Houston plans to relocate the Dowling and Spirit of Confederacy statues, which are currently both located in two City of Houston parks.

The statues will be removed by Friday, June 19, in commemoration of the Juneteenth holiday, which memorializes the day slaves in Texas learned the Emancipation Proclamation granted their freedom.

In August 2017, Mayor Sylvester Turner appointed a task force of historians, community leaders, and department directors to review the City’s inventory of items related to the confederacy and recommend appropriate action.

The task force recommended that the statues be removed from Houston public property and not be destroyed. (Click the links for the final report and final appendix).

After the task force submitted its findings, the City began working on a plan with partner organizations and funders to identify new locations to place the statues permanently.

The two relevant statues in local public parks will be relocated, at no public expense, to separate sites that provide greater historical context for public viewing.

The Houston Endowment has provided a grant to transfer the Spirit of The Confederacy in Sam Houston Park downtown to be displayed at the Houston Museum of African American Culture in the Museum District.

A statue of Richard W. “Dick” Dowling in Hermann Park is expected to be moved to a permanent display at the Sabine Pass Battleground State Historic Site in Port Arthur, TX. The Executive Committee of the Texas Historical Commission voted to accept the statute and the full Commission will consider the item at its quarterly meeting on June 17.

“While we have been working on a plan for some time, I have decided to move forward now considering the events of the past several weeks, Mayor Turner said. “Our plan for relocating confederate statues from public parks to locations more relevant to modern times preserves history and provides an opportunity for our city to heal.”

“Houston Endowment is proud to support the relocation of the Spirit of the Confederacy to the Houston Museum of African American Culture, where it can be interpreted in a way that promotes an inclusive and anti-racist community, said Ann Stern, President and CEO.

“This is a huge step forward in the Museum’s history of hosting difficult conversations, underscoring our multicultural conversation on race geared toward a common future. We have an opportunity to learn from our history, the good and the bad, to truly forge one nation,” said John Guess, HMACC CEO Emeritus.

The City of Houston’s General Services Department (GSD) will begin relocating the statues next week. The City will place them in temporary storage until the partner organizations are ready to receive the delivery.

“I’m grateful for the City of Houston Confederate Items Task Force’s guidance and the generosity of the Houston Endowment for their crucial roles in the plan,” Turner added. “And I’m proud of how this plan formed with input from many sectors of the city and deep consideration of all sensitive factors involved.”

See here for the background. Note that it took almost three years to get to this point, which is why having a firm (and short) deadline for the criminal justice task force is important. I personally would have been happy to see these things thrown in the trash, but at least they’ll be put someplace where there will be some context for them. It’s better than leaving them in place.

On a related note:

U.S. Sen. John Cornyn expressed resistance to the idea of changing the name of Fort Hood, a massive Texas military base named after a Confederate military leader, as calls mount nationwide to remove monuments and rename bases memorializing Confederate leaders.

“There’s no question that America was an imperfect union when we were founded, we obviously betrayed our ideals by treating African Americans as less than fully human,” he said on a conference call with reporters. “And we’ve been paying for that original sin ever since then, through the Civil War, through the civil rights struggles in the ’60s.

“And I believe that we’ve made tremendous progress, but I don’t think we obviously are where we need to be.

“One of those most important things about our history is that we learn from it,” he added. “You can’t learn from our history if you try to erase it, because it’s hard to see where this leads. Now I could see efforts at the state and local levels to move, let’s say, move a monument to a state capitol to a history museum or the like, but I’m just not sure where, where this leads. And to me, one of the most import things about history is what we learn from it and how how we learn to not repeat our mistakes.”

Cornyn, however, refused to directly address Fort Hood in this context.

“I am for looking forward, not looking backward,” he said when pressed.

Cornyn similarly addressed the issue of whether to take down Confederate statues. The comments come as the nation is taking a fresh look at Confederate historical markers in the wake of George Floyd’s death at the hands of Minneapolis police.

U.S. Rep. Veronica Escobar, an El Paso Democrat, swiftly responded to the comments.

“Erecting a statue that glorifies a confederate leader is not the same as documenting that period in history books,” she wrote on Twitter. “Cornyn knows that. He simply can’t muster up the courage to do the right thing — even when it’s this easy.”

I dunno, I feel like we’ve managed to learn about history without erecting statues of or naming military bases after Benedict Arnold or Robert Hanssen. You can mark me as being on Rep. Escobar’s side. And also on the side of renaming this fort after a true hero, Roy Benavidez.

We keep hitting the wrong marks

Up, up, and up.

For the second day in a row, Texas has reported a record number of patients hospitalized with the new coronavirus, a metric Gov. Greg Abbott has said he’s watching as businesses continue reopening and limits on their operations are loosened.

Data released Tuesday by the Texas Department of State Health Services shows 2,056 people were hospitalized with COVID-19, up from 1,935 the day before. The previous high was May 5, when 1,888 people were hospitalized.

The figures come a little more than a month since Abbott’s statewide stay-at-home order ended and he began a phased reopening of businesses. It also comes about two weeks after Memorial Day.

[…]

“I’m concerned but not yet alarmed,” Abbott told a North Texas television station. “I look at Amarillo that was a hot spot zone a couple of weeks ago, where they had a lot of concerns. We had surge response teams that addressed it, and now their hospitalizations are going down.”

Texas has 15,400 available hospital beds and 1,700 available ICU beds, the data shows. There are 5,900 ventilators available. The number of available beds is seen as a key gauge for the state’s ability to handle a potential surge in coronavirus cases, and Abbott has said the hospitalization rate — the proportion of infected Texans who are requiring hospitalization — is a benchmark he’s closely monitoring. He cited it as an encouraging metric as the state’s stay-at-home order expired at the end of April.

In Houston, Dallas and other areas that have seen increased hospitalizations, “we need to drill down and find out exactly why that is,” Abbott said.

Yeah, I’m closely monitoring the hospitalization rate, too. We’re now at three straight days of record numbers there, for those of you playing along at home. It’s happening locally, and it’s mostly been happening since Memorial Day. I’m going to keep asking the same question I have every time I do one of these posts: What’s our plan for when we start getting into the “dangerously full” zone for hospitals? If it turns out to be localized rather than everywhere in the state, will Greg Abbott let local leaders have more discretion to take action as they had back in March? I really really hope it doesn’t come to that, but hope seems to be all we’ve got.

UPDATE: From the Trib: “Texas reports largest single-day increase in coronavirus cases”. Insert shrug emoji here.

Javier Ambler

Remember his name.

Javier Ambler

Javier Ambler was driving home from playing poker on March 28, 2019, when he failed to dim the headlights of his SUV to oncoming traffic.

A Williamson County sheriff’s deputy initiated a stop and began chasing him for the minor traffic violation. After Ambler apparently refused to pull over, a pursuit that lasted 22 minutes and ended when Ambler’s Honda Pilot crashed north of Downtown Austin.

Minutes later, Ambler, a 40-year-old father of two, was dying on a neighborhood street.

Records obtained by the KVUE Defenders and the Austin American-Statesman reveal that deputies used Taser stun guns on him at least three times, even as he told them multiple times that he had a heart condition and could not breathe.

The circumstances of Ambler’s March 28, 2019, death have never been revealed. The Williamson County Sheriff’s Office tried to shield information from release since receiving its first request in February.

Ambler’s death was ruled a homicide, which officials said include “justifiable homicide.” Medical examiners listed his cause of death as congestive heart failure and hypertensive cardiovascular disease associated with morbid obesity “in combination with forcible restraint,” according to an in-custody report filed with the Texas Attorney General’s office. The report included no other details about Ambler’s autopsy, which hasn’t been released, but noted that he did not appear to be intoxicated by drugs or alcohol.

[…]

Plohetski and the KVUE Defenders learned about Ambler’s death in February from frustrated investigators who felt stymied in their quest to understand what happened.

The Williamson County Sheriff’s Office sought to keep confidential internal affairs records in the case after a request for information in late February.

On May 18, however, the Texas Attorney General ruled that the agency had no legal grounds to withhold information and ordered that at least some materials be released. Ten days later, the sheriff’s office provided a three-page internal affairs investigative report that found no wrongdoing by deputies.

Plohetski and the KVUE Defenders learned about Ambler’s death in February from frustrated investigators who felt stymied in their quest to understand what happened.

The Williamson County Sheriff’s Office sought to keep confidential internal affairs records in the case after a request for information in late February.

On May 18, however, the Texas Attorney General ruled that the agency had no legal grounds to withhold information and ordered that at least some materials be released. Ten days later, the sheriff’s office provided a three-page internal affairs investigative report that found no wrongdoing by deputies.

The deputy chased him for 22 minutes because Javier Ambler had his high beams on. When was the last time you were pulled over for that offense? What possible public safety goal would have been achieved by pursuing and then forcibly subduing Javier Ambler?

More from the Statesman:

The deputies’ decisions to chase and repeatedly use their Tasers on a man who simply failed to dim his lights prompts questions about the agency’s practice of pursuing drivers for minor crimes.

“It is of very serious concern to any of us who are in law enforcement that the decision to engage in that chase was driven by more of a need to provide entertainment than to keep Williamson County citizens safe,” said Travis County District Attorney Margaret Moore.

Some 15 months after Ambler’s death, Moore’s civil rights division is still investigating the incident. After questioning from an American-Statesman reporter, she said her office plans to present the case to a grand jury.

[…]

As Deputy J.J. Johnson, who is regularly featured on “Live PD,” patrolled the quiet suburban roads just north of Austin last March, a film crew rode along with him.

When Ambler passed with his brights on at 1:23 a.m., the deputy turned his car around and flipped on the flashing lights.

Ambler didn’t stop. Johnson gave chase.

For the next 22 minutes, the two vehicles sped across highways and onto neighborhood streets. As he drove, Johnson narrated for the TV crew, telling them what he thought was going on in Ambler’s mind.

As they crossed into Travis County, Austin officers were instructed not to get involved in the pursuit because they are allowed only to chase dangerous criminals.

There’s a long, detailed account of what happened after that. Ambler was tasered four times, and told the deputies that he had congestive heart failure, was unable to breathe, and was trying but unable to comply with the orders they shouted at him, while sitting on top of him. They handcuffed him when he fell unconscious, and only realized a few minutes later that Ambler was not breathing.

You may be wondering, why was there a TV crew with Deputy Johnson?

Investigators say they are disturbed about what happened to Ambler and how the Williamson sheriff’s officials have responded to his death.

They are troubled that deputies went to such extraordinary lengths to capture Ambler for a minor offense. They also have grave concerns about the consequences of having “Live PD” camera crews at the scene.

“Live PD” did not respond to requests for comment on Monday. The footage shot that night has not aired.

In the past three years, more than half of the nearly 100 pursuits initiated by Williamson County deputies were for traffic violations, according to department records.

Chody said Monday that he does not believe the department’s current, more restrictive, pursuit policy was in place during the chase that led to Ambler’s death.

[…]

The case also adds fuel to a yearlong fight between Chody and Williamson County commissioners about his department’s participation in “Live PD.” Chody has said the show offers viewers a first-hand experience of policing, has raised the profile of his agency and is a valuable recruiting tool.

But Williamson County District Attorney Shawn Dick has said he’s concerned that “Live PD” refuses to provide prosecutors with video footage it collects while on patrol with deputies.

“It is getting very difficult for my prosecutors to uphold their statutory and Constitutional obligations to disclose evidence when prosecuting sheriff’s department cases,” Dick said.

Days after Dick raised those concerns in 2019, Williamson County commissioners ended a contract with the show.

In March of this year, however, filming resumed when Chody signed his own agreement with producers, prompting commissioners to issue a “cease and desist” order to the sheriff’s office.

Chody refused to comply, and in May, the county sued him.

“Sheriff Chody can perform the core duties of sheriff without the live TV show,” the lawsuit said. “But he doesn’t want to. Instead, Sheriff Chody seeks social media and TV exposure like a moth to a light bulb — and he’s flown out of his job description to get back on TV.”

I don’t even know what to say about that. But if you’re thinking that at least there’s video of the whole thing, well

Video filmed by a “Live PD” crew of an in-custody death of a black man last year has been destroyed and can no longer be turned over to Austin investigators, representatives of the reality TV show said Tuesday.

The disclosure by A&E Networks came a day after the Austin American-Statesman and KVUE-TV first reported details of the March 2019 death of Javier Ambler while being arrested by Williamson County sheriff’s deputies in connection with a traffic violation. The Austin American-Statesman is part of the USA TODAY Network.

A&E confirmed Tuesday that “video of the tragic death of Javier Ambler was captured by body cams worn on the officers involved as well by the producers of Live PD who were riding with certain officers involved.”

It said that the incident did not occur while the show was airing live and that the video was not broadcast later.

A&E’s statement said that Austin investigators had not asked for the video or to interview show producers. “As is the case with all footage taken by Live PD producers, we no longer retained the unaired footage after learning that the investigation had concluded,” the network said in a statement.

[…]

Three of four Williamson County commissioners Tuesday called for Sheriff Robert Chody to resign after learning of Ambler’s death and charges that Chody’s department had failed to provide evidence to Travis County investigators.

“The citizens have lost faith in him,” Williamson County Commissioner Russ Boles said.

The TDP and State Rep. James Talarico have also called for Sheriff Chody’s resignation; I’m sure others will follow. The point here is the same point that so many other people have been making, some for a very long time and others in recent weeks, which is that the death of black Americans at the hands of police officers happens all the damn time, in every state, and that fundamental, root-and-branch change is needed to stop it. It’s not a matter of “bad apples”, it’s the system. CBS News and the Texas Signal have more.

Anti-vaxxers gonna anti-vaxx

Every step of the way, they are an obstacle to public health.

The Texas group that lobbies against vaccine mandates is now launching a campaign against COVID-19 contact tracing, the public health measure used for decades around the world to contain disease spread.

Texans for Vaccine Choice this week called on its members to contact Gov. Greg Abbott and let him know they “do not wish to be monitored or surveilled for any reason” in response to a new state program hiring and training workers to identify people who’ve come into close contact with those who recently tested positive for the coronavirus. Such people are then asked to quarantine until testing shows they don’t have the disease.

“The government should stop thinking its job is to keep everyone healthy and instead focus on protecting our rights,” says a post on the organization’s website. “We here at TFVC will remain vigilant as our government expands greatly and the threats to our members grow.”

The campaign drew an immediate rebuke from Dr. Peter Hotez, the Baylor College of Medicine infectious disease specialist who has led public health’s fight against the anti-vaccine movement, which he holds responsible for the resurgence of vaccine-preventable diseases such as measles and whooping cough.

Thanks to the movement’s efforts, some 60,000 Texas parents currently obtain non-medical exemptions for school vaccines, some 25 times higher than 2003, the first year such exemptions were allowed. A 2018 study by Hotez found Houston and three other Texas cities rank among the 15 metropolitan “Shotspots” of such exemptions.

“Awful to see the #antivax lobby in Texas now going the extra measure to halt #COVID-19 prevention,” Hotez tweeted Tuesday in reply to a Texans for Vaccine Choice tweet alerting people to the campaign. “In the name of fake ‘health freedoms’ slogans, they aspire to land thousands of Texans in our hospitals and ICUs.”

John Wittman, a spokesman for Abbott, noted that a contact tracing program was part of the guidelines laid out by President Donald Trump in order to reopen the state and has been used in Texas and the country for decades. He said the program is “completely voluntary” and that the state health department has “taken steps to ensure it protects individuals’ liberty and privacy.”

There are certainly questions to be raised about the state’s contact tracing plan, though those questions should mostly be about competence and cronyism. I can sort of see the rationale behind the anti-vaxx movement, if I squint and do some deep-breathing exercises. The point of contact tracing is to find and notify people who may have come into contact with a person who has tested positive for COVID-19. I’m really hard-pressed to see what the problem is with that, beyond the usual tinfoil-hat paranoia about RFID chips, UPC codes, and our precious bodily fluids. We already know we have a long fight ahead over an eventual coronavirus vaccine, which is now a partisan issue as well as another thing for these people to froth about. The rest of us need to recognize this for what it is, which is a direct threat to our health. What are you going to do about that, Governor?

So how’s that reopening going?

Well, there’s more of it.

Gov. Greg Abbott announced his third phase Wednesday of reopening Texas businesses during the coronavirus pandemic, allowing virtually all of them to operate at 50% capacity.

That is effective immediately, and there are “very limited exceptions,” Abbott’s office said.

Restaurants were already permitted to be open at 50% capacity. Abbott is allowing them to immediately increase their table size from six people to 10, and on June 12, they can ramp up their capacities to 75%.

Abbott’s latest order also brings news for professional and college sports that are played outdoors, letting the former shift from 25% capacity to 50% capacity at their stadiums and allowing the latter to resume for the first time, also at 50%.

“The people of Texas continue to prove that we can safely and responsibly open our state for business while containing COVID-19 and keeping our state safe,” Abbott said in a statement.

Sounds lovely. However:

The announcement came as the state sees record numbers of new daily cases of COVID-19. On Wednesday, the seven-day average for new daily cases hit 1,466, up from 1,280 in mid-May, a Houston Chronicle data analysis shows.

Abbott said nearly half of all new cases are isolated at jails and prisons, meatpacking plants and nursing homes, environments where he says outbreaks can be contained as the reopening progresses. The state has moved to increase testing at many of those locations, though testing as a whole remains stagnant, well below the governor’s goal of 30,000 tests per day. The state has averaged about 23,000 tests per day for the past three weeks.

Hospitalizations, another key measure, were down on Wednesday but have been rising steadily in the past week. They were still well below statewide capacity.

The state reported 23 COVID-19 deaths per day over the past week, down from nearly 40 in mid-May.

Abbott has said he would watch deaths and hospitalizations closely as he reopens the Texas economy.

Still, public health officials have said the state is at best plateauing, with new cases neither falling nor surging. And they have worried that the Memorial Day holiday and protests over police brutality, which have drawn tens of thousands to the street in major Texas cities, may also hasten the spread of the disease.

[…]

Dr. Peter Hotez, an infectious disease expert at Baylor College, warned last month that the state is moving too quickly.

“I understand the importance of opening up the economy,” he told the Chronicle. “The worry I have is that we haven’t put in place a public health system — the testing, the contact tracing — that’s commensurate to sustain the economy.”

I’ll get to the contact tracing in a minute, but first let’s review that hospitalization metric, because it’s always been the one metric of four that the state has actually met. But it too is going in the wrong direction.

The state reported 1,487 people hospitalized for COVID-19 on Wednesday, the lowest since April. But that figure did not include about 300 patients in the Houston area, who were omitted because of a software glitch, according to the Southeast Texas Regional Advisory Council, which collects the totals and sends them to the state.

With those patients included, the number on Wednesday was likely around 1,800, just shy of the state’s peak in early May.

Hospitalization data are one of the key measures that Abbott has said he’s watching as he allows more of the state to reopen. Virtually all businesses in the state can now operate at 50 percent of their maximum occupancy, and late next week restaurants will be able to move to 75 percent.

Lori Upton, the advisory council’s vice president of disaster preparedness and response, said the state informed it on Wednesday that a nationwide software upgrade had caused the error, lowering the preliminary count. A correction will take time because the data has to be recounted manually, Upton said.

She said technical issues are not common.

The governor’s spokesman did not respond to questions about whether the governor knew about the inaccuracy. Abbott, a Republican, has repeatedly advised against using single-day data points, explaining that weekly averages better capture trends over time.

On Friday, the seven-day average was 1,729, the highest number since the state began publishing data on hospitalizations. It has been increasing since May 27.

[…]

Though hospitalizations are up, average daily hospital admissions have been flat or slightly down over the past week, according to state data compiled by the nonprofit Texas 2036. Lauren Ancel Myer, a professor of integrative biology at the University of Texas at Austin, said that would be a positive indicator.

Myers said daily admissions in Central Texas, though, where her research is focused, have been up slightly in recent days.

“It would not be surprising at this point if we are beginning to see that the relaxation of social distancing measures, if that has actually increased the spread of the virus and has led to more patients needing hospital care,” she said.

So what happens if we do get close to the occupancy limits we have set? Well, maybe contact tracing can help with that. Oh, wait.

As Texas moves forward with a new phase of Gov. Greg Abbott’s plan for reopening businesses, the state has fallen more than 25% short of its goal for a workforce of disease detectives that experts say are crucial for tracking the spread of the new coronavirus.

One of Abbott’s reopening metrics for June 1 called for up to 4,000 Texas contact tracers, who work to identify people with possible exposure to the coronavirus and call them to get tested and self-quarantine.

But Texas officials said Thursday there were roughly 2,900 contact tracers working around the state. Of those, some 1,140 are working for the Texas Department of State Health Services, 1,170 are working for local health departments or their nonprofit and university partners, and about 600 are working for a company recently hired by the state.

State officials downplayed the importance of meeting the initial goal despite the public health agency’s statements last month assuring that health departments were in a “phase of hiring that will get us up to 4,000 in the coming weeks.”

The 4,000-person figure was an estimate taken from a national association of public health officials that was determined by the state’s population, Texas Department of State Health Services spokesman Chris Van Deusen said.

“Texas has had significantly fewer cases per capita than the national average, and we want to match the number of contact tracers to the actual workload,” Van Deusen said in an email, adding that the state has enough personnel to contact all new cases in its jurisdiction.

But other groups have suggested that Texas needs a far higher number of contact tracers. One model from George Washington University put the number at more than 8,000.

And it turns out that the firm the state gave a $295 million contract to do contact tracing is sketchy.

More than a dozen Republican legislators are bucking Gov. Greg Abbott by calling for termination of a controversial $295 million coronavirus-related contract that was hastily awarded to a company whose CEO falsely claimed he had a Ph.D.

At least two top Democrats — including the party’s leader in the Texas House of Representatives — are also criticizing the deal with MTX Group Inc., saying the state needs to demonstrate the company is up to the vital job of tracking down people who have been exposed to COVID-19, or else it should pull the plug.

The bipartisan criticism comes as the agency that oversees the contract, the Texas Department of State Health Services, acknowledges that MTX “mistakenly uploaded” job training documents to its contact tracers that they were never supposed to get, a move some lawmakers say potentially raises privacy concerns.

Another potential privacy issue: MTX workers are using their own computers and personal email addresses, fueling worries — unwarranted worries, the state says — that private medical information about the people they investigate could be inadvertently divulged.

State Rep. Steve Toth, R-Conroe, like many conservative Republicans, already had privacy concerns about COVID-19 contact tracing before MTX got the job. But he said when he learned that MTX CEO Das Nobel had falsely claimed on his online LinkedIn bio that he had a doctorate from Colorado Technical University, he moved into the end-this-now camp even as Abbott staunchly defends the emergency contract.

“Up until that point, I was like, OK, I’m not good with this, but let’s just chill and find out more,” Toth said. “That pushed me over the edge.”

I mean, look. The overall numbers are still fairly modest, and the hospitals have done well so far. Treatment has improved as we have learned more, so people are spending less time and need less intensive therapies in hospitals. It is true that a large percentage of infections are in limited locations, and the risks of various activities, mostly outdoor activities, is understood to be fairly small. My point is this: The state hasn’t met its own metrics, contact tracing is a mess, and as far as I can tell there’s no plan except “clap harder!” to deal with any significant upticks in the infection rate. If I felt better about there being a plan for if and when the curve started going up again, I’d have fewer complaints. I just don’t know what we are going to do if things do not get better but do get worse. I admit, maybe that won’t happen. But that kind of hope appears to be all we have right now. I’m worried about it because I don’t think our state leaders are worried enough about it, never mind the dumpster fire in Washington. So yeah, I’ll hope for the best. What else can I do right now?

Please wear a mask

Don’t be that person. Seriously.

Kara McIntyre remembers the day she likely contracted COVID-19 — she wasn’t wearing a face mask.

She was at Target and began to feel dizzy. Later she checked her temperature and had a fever. So she got tested for the novel coronavirus, and a few days later her results came back positive.

The 39-year-old radio deejay did not wear a face mask before she was infected in March, something she said she feels guilty about now.

“I know I came in contact with a person who tested positive for it,” McIntyre said. “I wasn’t going out much, but I put gas in my car, went to the grocery store. Knowing I went through that and may have gotten other people sick, that’s terrifying.”

As the state reopens restaurants, shopping malls, gyms and salons, whether or not to wear a mask has become a hot-button issue. To some, it’s a way to signal one has their neighbor’s health and well-being in mind. To others, it’s an inconvenience or an attack on American freedoms.

[…]

The Centers for Disease Control and Prevention recommends everyone wear a face mask in public, in addition to practicing social distancing and frequent hand washing. But the president and vice president are often photographed without them.

Face masks have become a divisive issue even in Houston, where residents are known for coming together during times of crisis like Hurricane Harvey, said Cathy Power, 51.

“What I gather is that there is a narrative out there that masks are for the weak. This is wrong — masks are worn to protect others; they are not for protecting yourself,” said Power, who lives in the East End, and suffers chronic health issues. “They reduce the risk by keeping droplets from traveling as far as they would if you were not wearing a mask. It works best if we all wear them.”

People wear masks to protect others around them as studies have shown it has little to do with our own ability to not be infected, said Dr. David Persse, Houston’s health authority.

“Take a mirror, breathe on it and see the mist that forms. If you’re ill, the mist is full of virus,” Persse said. “Do the same thing with the mask in front of you; you’ll see far less of any mist on that mirror at all. That’s how it works.”

This is the sort of assumption that drives post-reopening models that predict a large increase in COVID-19 infections. If people are literally and figuratively letting their guard down, we’re going to be right back where we were in early March before all the shutdowns. We don’t want that, right?

So that leaves two viable options. One is to continue to stay home as much as possible and be relentless about social distancing and avoiding crowds. If you’re doing that, then for the most part you don’t need to wear a mask. But when you are out in public, in places where you are interacting with or just in close contact with other people, then you really do need to wear one. Grocery shopping? Wear a mask. Getting your hair cut? Wear a mask. They do make a difference.

More to the point, if we all agree that the cost of keeping the economy on ice is very high, the key to reopening is to find ways to reduce risk while out in public. Wearing a mask is a low-cost method of risk mitigation. The more we do it, the more free we can be with our movements and interactions.

That’s really all there is to it. If we do this together, we can get that curve down to zero, which is the best-case scenario short of a vaccine. (Which an astonishingly large percentage of people say they won’t take, but that’s a rant for a different day.) Remember, lots of people have no choice about this – health care workers and people in all kids of retail and service jobs have been wearing masks all day every day for a long time now. It’s not that often that you can do a fairly small thing and make a big difference. This is one of those times. Wear your mask. Thank you.

Reopening 3.0

Who wants to go to a water park?

Gov. Greg Abbott issued a proclamation Tuesday announcing additional services and activities that can resume under his second wave of reopenings, allowing food courts in shopping malls to reopen immediately and giving the green light for water parks to begin operations with limited capacity starting Friday.

Recreational sports programs for adults can restart Sunday, though games and similar competitions may not recommence until June 15. Abbott also permitted driver education programs to resume operations immediately.

For food court dining areas that choose to reopen, Abbott is encouraging malls to designate one or more people who are responsible for enforcing social distancing and ensuring tables are cleaned and disinfected between uses.

[…]

While indoor and outdoor pools can operate at 25% occupancy, the governor’s previous directives have specifically said people should continue to avoid interactive amusement venues like water parks. Abbott was facing pressure, however, from a Houston-area water park that initially said last week that it would defy Abbott’s orders and reopen Saturday for Memorial Day weekend. Asked about that last week, Abbott told an Austin television station that his office was talking with operators to make sure they complied.

“They subject themselves to potential litigation as well as potential licensing-based issues if they fail to comply, and so it’s a potentially business-dangerous process for them to proceed forward knowing that they are subjecting themselves to litigation if they open up and anybody contracts COVID-19,” he said to KXAN.

The park ultimately decided not to open early, Community Impact Newspaper reported.

If you can maintain social distancing, swimming is fairly low risk. My experience at water parks is that you’d be fine on most of the rides, but the lines to get to the rides will be what puts you in jeopardy. I’m also not sure how financially viable a 25%-capacity water park is, but that’s their problem, and if Schlitterbahn thinks they can make it work, they’re in a better position than I am to judge. I don’t expect to be paying them a visit this year, that much I do know.

Also, too, outdoor sporting events are back on the menu.

In a new proclamation, Gov. Greg Abbott announced that fans will be allowed at outdoor professional sporting events in most Texas counties with limited occupancy, under a new expansion of his most recent wave of economic reopenings.

Starting Friday, all Texans counties — excluding Deaf Smith, El Paso, Moore, Potter and Randall counties — will be able to host in-person spectators for outdoor sports in venues as long as visitors are capped at 25% capacity. Leagues will first have to apply to — and receive approval from — the Texas Department of State Health Services.

Under the revised rule, fans are still banned from attending indoor sporting events in person. The rule does not address college or high school athletics.

[…]

The health agency’s protocols for adult recreational sports participants include a recommendation of wearing face masks during sporting events and practices, screening individuals for symptoms of COVID-19, and using and carrying hand sanitizers.

Spectators, meanwhile, are encouraged to avoid being in groups larger than 10, maintain a 6-foot distance from others when possible and wear cloth face coverings.

Regular COVID-19 testing is also recommended throughout the professional sports season.

I’d say the main effect of this is allowing recreational sports leagues to start up. High school and college sports are exempted, the NWSL will be playing only in Utah, and MLB is still a work in progress. I guess auto racing would be open to fans now as well. I will have a decision to make when the college football season starts, but I wasn’t expecting to see an Astros game any time soon except on TV. Do any of these new options appeal to you? Leave a comment and let us know.

Sharing is CARES-ing

I’m still trying to understand this.

The state of Texas and its 12 largest counties are in a tug-of-war over who is responsible for handing out federal coronavirus relief funding for some small cities.

The Coronavirus Aid, Relief, and Economic Security Act signed into law by President Donald Trump in late March sent $11.24 billion in aid to the state. Of that, six Texas cities and 12 counties with a population more than 500,000 received more than $3.2 billion.

The other 242 counties and cities within those counties were allowed to apply for per capita funding allocations from the state out of the remaining $1.85 billion earmarked for local governments.

With an apparent gray area in the legislation, the CARES Act did not specify which entity — the state or the dozen large counties — should cover the small cities within the dozen counties that received direct funding. State leaders including Gov. Greg Abbott want the counties to pay; the counties want the state to share more of its cut.

The skirmish has meant that months after the major relief package was passed, funding for some Texas cities is in limbo, including for Houston-area suburbs such as Pasadena that have been hit with major outbreaks.

[…]

Abbott — as well as Lt. Gov. Dan Patrick, House Speaker Dennis Bonnen and the state Senate Finance Committee and House Appropriations committee chairs and vice-chairs — in a May 11 letter placed the responsibility on the counties.

Two days later, the counties wrote to state leadership to ask for their reconsideration. While the counties account for about 69 percent of all COVID-19 cases, they received just about 29 percent of the relief funds, they wrote in a letter shared with Hearst Newspapers.

“We ask you to address this shortfall,” they wrote. “Counties are your frontline partners in fighting the COVID-19 pandemic. Help us help Texans stay in their homes, keep their jobs, and have food on their table.”

I guess I need to know more about what the priorities are here. It seems clear to me that the funds should be distributed based primarily on need, with any other considerations coming after that. By “need” I mean testing and support for frontline responders and hospitals, food and housing for those in financial distress, buying supplies like hand sanitizer and PPEs, that sort of thing. Whether that should come from the money allocated to the state or the money allocated to the larger counties, I don’t care. It should come from both, depending on their capacity. Maybe there is a good objective case for it to come from one source or the other – I can’t tell from this story – but even if that’s so, I’d want the state and counties to be working together to maximize the return on these federal dollars. That’s what really matters, doesn’t it?

That’s not how you test

Oops.

Texas health officials made a key change Thursday to how they report data about the coronavirus, distinguishing antibody tests from standard viral tests and prompting slight increases in the state’s oft-cited daily statistic known as the positivity rate.

The positivity rate is the ratio of the confirmed cases to total tests, presented by the state as a seven-day rolling average. The Texas Department State of Health Services disclosed for the first time Thursday that as of a day earlier, it had counted 49,313 antibody tests as as part of its “total tests” tally. That represents 6.4% of the 770,241 total tests that the state had reported through Wednesday.

Health experts have warned against conflating the tests because they are distinctly different. Antibody tests detect whether someone was previously infected, while standard viral tests determine whether someone currently has the virus.

Now that DSHS is reporting the number of antibody tests, it has recalculated its daily positivity rates starting Tuesday to exclude such tests. That led to a 0.41 percentage-point increase in Tuesday’s rate and a 0.55 point increase in Wednesday’s rate, according to DSHS calculations.

DSHS acknowledged last week that it was reporting an unknown quantity of antibody tests as part of the “total tests” figure. Despite that, Gov. Greg Abbott incorrectly claimed Monday that the state was not “commingling” the numbers while promising the state would soon break out the antibody test count.

[…]

When public health agencies combine antibody testing figures with viral testing figures, “I want to scream,” said Seema Yasmin, an epidemiologist and director of the Stanford Health Communications Initiative.

Viral tests, usually taken from nasal swabs, can detect an active coronavirus infection. If a person’s biological sample is found to have traces of the virus’s genetic material, public health workers can order them to self-isolate and track down any of their contacts who may have been exposed.

Antibody tests “are like looking in the rearview mirror,” Yasmin said, because they may show if a person has recovered from a coronavirus infection. That can be useful for public health surveillance, but it does not offer much insight about where the virus is currently spreading. Another issue is that many antibody tests have been shown to have high rates of inaccuracy, she said.

“As an epidemiologist, this level of messiness in the data makes your job so much more difficult, and it misleads the public about what’s really happening,” Yasmin said. “We’ve been talking about the capacity for testing increasing over the last few weeks, but now we might have to tell the public that might not be true.”

And dumping antibody testing data into the pool of viral testing data brings the overall positivity rate down, reflecting “a deceptive misuse of the data,” analysts for the COVID Tracking Project wrote last week. That’s because the numbers may make it seem like the state has grown its testing capacity even if a state’s viral testing capacity remains flat.

“This is crucial as we need increased capacity for viral testing before reopening to identify active infections even in the pre-symptomatic or asymptomatic stages,” the analysts wrote.

To be fair, Texas is not the only state to have done this. Florida and Georgia have been accused of manipulating their data in other ways as well. The bottom line here is that we’ll never get our arms around this pandemic if we don’t have good data. The data is messy enough as it is, we surely don’t need to be making it worse.

More reopening

Onward we go, whether wise or not.

Gov. Greg Abbott on Monday announced his next wave of reopenings designed to restart the Texas economy during the coronavirus pandemic, saying child care facilities can reopen immediately, bars can open Friday with limited capacity and sporting events can return without fans at the end of the month.

Abbott also said he would permit restaurants to operate at 50% capacity starting Friday, up from 25% that’s allowed now.

At the same time, Abbott exempted two hotspot regions — Amarillo and El Paso — from his latest decisions, saying they would need to wait a week — until May 29 — while the state’s surge response teams work to contain outbreaks in each area.

Abbott’s news conference came 18 days after he began a phased reopening of the state, starting with letting restaurants, stores, movie theaters and malls open up at 25% capacity. He then allowed barbershops and salons to reopen May 8 under certain restrictions. Monday was the first day gyms were allowed to open up, also under restrictions.

Previously, child care was only available to workers deemed essential by the state. Abbott’s announcement Monday allows child care centers to reopen to help all workers returning to their jobs.

In addition to bars, Abbott is letting a host of other establishments reopen Friday, including bowling alleys, bingo halls, skating rinks, rodeos, zoos and aquariums. In the lead-up to Monday, however, the fate of bars had drawn the most attention, especially after Abbott began allowing restaurants to reopen May 1. All the businesses opening Friday will only be allowed to operate at 25% capacity.

For bars that reopen Friday, the state is recommending that customers remain seated at tables of no more than six people, among other restrictions. Dancing is discouraged.

Insert Baptist joke here. On the one hand, the daily case numbers keep rising, with no clear indication that we were approaching a peak even before we started loosening things up, and without achieving the Abbott-stated benchmark of 30,000 tests per day. It’s not that we’re reopening per se, it’s that Abbott himself laid out conditions and requirements and penalties for people who failed to comply, then dropped it all like a hot rock the minute some grifter hairstylist in Dallas threw a hissy fit. It just doesn’t inspire confidence that Abbott has any idea what he’s doing or any plan to retreat if things start to get worse. That said, the rate of growth in the state is fairly slow, hospital capacity is in good shape – both of these are no doubt helped by the solid results in Harris County, for which Abbott owes Lina Hidalgo a big thank you – and to his credit Abbott paid attention to the places that needed and asked to be excluded from this round of reopenings.

The next round of reopenings will come May 31, when Abbott allow permit summer youth camps to reopen — as well as let certain professional sports to resume without spectators. The sports include basketball, baseball, car racing, football, golf, softball and tennis. Leagues will first have to apply to — and receive approval from — the Texas Department of State Health Services.

[…]

Notably, Monday marked the first time that Abbott singled out specific regions as not ready to take part in the latest reopenings.

Amarillo has been a hotspot due to outbreaks at its meatpacking plants, and earlier this month, the state dispatched one of its Surge Response Teams to the city to try to get things under control. Of the 1,801 new cases that Texas reported Saturday, over 700 were linked to the Amarillo meatpacking plants, according to Abbott’s office.

In El Paso, the situation has deteriorated enough that the county judge, Ricardo Samaniego, and other local officials asked Abbott last week to exempt the county from the next reopenings until the county sees a two-week downward trend in the number of positive cases or positive test rate. Abbott said Monday that El Paso’s hospital capacity is “too close for comfort at this particular time.”

The one-week delay “will give those communities and our surge team response the time needed to slow the spread and maintain hospital capacity,” Abbott said. “It will ensure those communities safely move into phase 2.”

The counties subject to the delay are El Paso, Randall, Potter, Moore and Deaf Smith. The latter four are all in the Amarillo region.

I have my doubts that the Abbott Strike Force will make any difference in these places, unless they find the will to shut down the meatpacking plants that have been such hotspots, but at least he’s not ignoring reality, unlike some other state officials I could name. He’s still wishy-washy, and in the end if this works out reasonably well I’ll believe it’s because he was more lucky than smart, but it could be worse. In this state, that’s often the best you can hope for. The Chron, the Press, the Current, the Rivard Report, and the Dallas Observer have more.

We don’t know enough about what’s happening at nursing homes

We’ve talked before about two of the main coronavirus hotspot types in Texas, prisons and meat processing plants. Now we’re going to talk about that third type, nursing homes.

As the death toll grows at Texas nursing homes, so has the number of requests for information kept by state health officials that would reveal which long-term care facilities have suffered coronavirus outbreaks during the worst pandemic in generations.

But the Texas Health and Human Services Commission, which regulates nursing homes and assisted living facilities, is attempting to keep its records secret, despite calls for more transparency from open-government advocates, some Texas lawmakers and family members worried about vulnerable residents.

“The public is being left in the dark, and we’re losing control of our ability to oversee the operations of our government,” said Joe Larsen, a lawyer with the Freedom of Information Foundation of Texas, which published an open letter last month urging the health commission to release its records on nursing home infections.

In a May 4 letter to the Texas Attorney General’s Office, Carey Smith, a lawyer representing the health commission, said the agency has received more than two dozen public records requests for nursing home data about coronavirus infections, but that federal and state laws prohibit the release of the information because it might identify infected residents and violate their privacy.

However, Texas legislators who wrote one of the laws cited by Smith said it doesn’t prohibit officials from releasing statistical information about COVID-19 in nursing homes.

“The statute was not intended to create a blanket protection for all health-related information,” said former Sen. Kirk Watson, D-Austin, who authored the bill in the Texas Senate last year.

The sponsor of the bill in the Texas House, Rep. Giovanni Capriglione, R-Southlake, said releasing statistical data from nursing homes could benefit both consumers and government authorities. And, like Watson, he said the bill they passed doesn’t prevent state officials from releasing that information.

“So long as you can’t get personal identifying information I don’t see why the current rules and statutes that we have don’t already allow that information to be released,” Capriglione said.

[…]

After facing criticism from families and advocates of nursing home residents, Texas began releasing statewide statistics that show the total number of coronavirus deaths at nursing homes, which provide round-the-clock care, and assisted living facilities, which are less intensive.

As of [May 1], 478 COVID-19 deaths — nearly half of the 1,042 reported in Texas — were at nursing homes or assisted living centers, records show.

But state health officials haven’t disclosed infection rates for each location, which has stymied families trying to protect their relatives. The lack of information also leaves hospice workers and other contract caregivers in the dark.

That story was from early May. Since then, we have gotten more numbers from the state.

More than 3,000 Texas nursing home residents have tested positive for the new coronavirus, as well as nearly 400 assisted living facility residents, according to data released Friday by the Texas Department of State Health Services.

Among the reported 311 nursing homes with confirmed cases, 3,011 residents have tested positive and 490 have died. Another 494 residents have recovered, according to the data. At 112 assisted living facilities in Texas with at least one confirmed coronavirus case, 382 residents have tested positive for the virus, and 95 have died.

Statewide, 1,272 people have died, but it was unclear late Friday if all of the long-term care facility patients’ deaths were included in that larger figure.

The state had previously released only the number of nursing homes with confirmed cases and fatalities, not the number of people who have tested positive.

The state is still not releasing the names of nursing homes with COVID-19 cases. Many families remain in the dark about whether their loved ones in nursing homes are at risk of exposure.

There are a lot of reasons why we need more and better reporting of this data. For one, just so that the people who have family and friends that live or work at these places can know what’s going on with them. For two, to better identify the places that are not up to standard on health and safety. For three, so we can learn from the places that are doing well as well as the places that are doing poorly, so the overall level of safety and care can be improved. This is not hard to understand, and at least it looks like there’s bipartisan agreement that the existing laws need to be upgraded for the future. Put that on the ever-lengthening to do list for the 2021 Lege.

The Hair Affair

I have a hard time wrapping my mind around this story, so to save myself a little brain power I’m going to outsource it.

Lisa Falkenberg:

Let’s be clear about something: Shelley Luther, the Dallas-area salon owner-turned-folk hero, wound up in jail this week because of her very public, very theatrical refusal to follow Abbott’s very own order.

Abbott’s executive order, which preempted local orders, delayed the reopening of salons as part of a phased-in approach to restart the Texas economy responsibly.

And like Abbott’s other orders issued during this outbreak, it specified stiff consequences for noncompliance: A fine not to exceed $1,000, up to 180 days in jail, or both.

So why, as soon as Luther’s case got widespread attention, did he begin to condemn local authorities who enforced it?

“Throwing Texans in jail who have had their businesses shut down through no fault of their own is nonsensical, and I will not allow it to happen,” Abbott said in a statement.

Allow it? Technically, he ordered it. Even Northeast Tarrant Tea Party leader Julie White McCarty saw through Abbott’s hypocrisy: “Governor Abbott gave orders putting severe limitations in place,” she wrote on Facebook. “Governor Abbott is now condemning the enforcement as if he’s innocent.”

[…]

But Luther held court for days in front of TV cameras. She didn’t just violate an order to close her salon – she tore it up. When a veteran, 65-year-old Dallas judge gave her an easy out if she’d just apologize and follow the law, she scoffed in defiance. So, he did what judges do: found her in contempt in court.

She could have taken the deal and gone home to her kids and waited until she could open legally on Friday.

Clearly, Luther and her legions of admirers had turned her into a cause. That’s why she went to jail — to draw attention to what she believes is a violation of her rights. And that’s the point of civil disobedience. While others have advanced noble causes such as suffrage and equality, Luther did it to defend her right to work even if doing so puts her workers, neighbors and customers at risk amid a deadly pandemic.

But hey, if she wants to be the hero, a rebel with a cause, the patron saint of social distancing scofflaws, she can’t play the victim, too.

Christopher Hooks:

The conflict really kicked off on April 25, at a protest in front of the Frisco City Hall calling for the reopening of shuttered businesses. Shelley Luther, the owner of Salon à la Mode, took center stage. She had gained local publicity for reopening her business in defiance of Governor Greg Abbott’s shutdown order. By way of enforcing it, Dallas County Judge Clay Jenkins had sent her a cease and desist order—and, as Abbott had laid out in his order, a $1,000 fine. (The governor also threatened violators with up to 180 days in jail.) In front of a cheering crowd, Luther ripped up the document. There she stood: she could do no other.

Your move, governor. On April 27, at a press conference, Abbott laid out his vision for unwinding his shutdown order. On May 1, his “phase one” would go into effect, allowing retail businesses and restaurants to partially reopen, as long as they followed certain guidelines. In mid-May, assuming things had gone well and COVID-19 infection numbers weren’t spiking, he declared that he would move Texas to “phase two” and allow more businesses to open. Hair salons, barbershops, gyms, and bars could welcome customers back in once the state had collected “two weeks of data to confirm no flare-up of COVID-19” after phase one, he said.

Why the different standards? Well, barbering and hairstyling involve sustained intimate contact, in an environment where customers are coming and going over the course of the day. Barbershops and salons provide a much more potent risk for viral transmission than, say, a Home Depot. And why two weeks? That’s the minimum period required to get a sense of whether the virus is in submission, according to public health experts. Though the coronavirus has a median incubation time of about five days, some of those infected don’t show symptoms until about twelve to fourteen days after infection.

Abbott got pushback from all sides. Some thought he was moving too fast while others complained that he was acting too slowly. Setting that aside, he deserves at least a little credit for the fact that unlike some governors—the fella who rules over our unfortunate brothers and sisters in Georgia, for one—Abbott at least had a plan. With dates. A 66-page manual. An order of operations. Something you could make into a flowchart. Less dangerous businesses first, more dangerous businesses later. Capiche?

[…]

Now, the question of what to do with those who violate public health directives—who put the public at risk indirectly—is a tricky one. Many liberals and conservatives now find agreement in the idea that no one should be put in jail for nonviolent crimes. The situation is trickier when, like Luther, violators are given many, many chances to conform to the law and refuse. It’s a question that we’re probably going to have to face again, as we struggle to adjust to having COVID-19 as a neighbor, and it’s going to be difficult every time.

Citizens of South Korea or Denmark may like big government telling them what to do to stay safe, but we’re America, baby, and we’re high on Alex Jones’s brain-healing powder. We’re a country that’s fighting a culture war about whether wearing masks makes you a wimp, and where men complain loudly on television that the pandemic is making it hard to buy lawn fertilizer.

It’s notable, perhaps, that Shelley Luther shows up in at least one other pandemic-related local news story in the last few months. On March 11, KHOU interviewed Luther and her boyfriend, Tim Georgeff, as they boarded a cruise ship in Galveston. Were they worried about getting on an enormous floating petri dish in the middle of a pandemic, not long after the entire Diamond Princess had been quarantined in Japan? “Well, for one, I have a real good friend who’s a doctor,” Georgeff told the reporter. “It’s really nothing more than a severe cold.”

But there’s one point that’s worth triple-underlining, and it’s the strangest part of the whole salon saga. Judge Moyé has been cast as the villain, the oppressor, whose puppetmaster is Dallas County Judge Clay Jenkins. It’s important to listen to Moyé’s words as he sentenced Luther. He was convicting her, he said, because of the rather sensible proposition that “the rule of law governs us … Society cannot function when one’s own belief in the concept of liberty permits you to flaunt your disdain for the rulings of elected officials,” Moyé said.

Here’s the thing. One of the “rulings” in question here is by Abbott, who, if you need reminding, is the Republican governor of Texas. Moyé, a Democrat, is defending Abbott’s prerogative in ordering business closures for public health reasons. Abbott isn’t alone in this, of course. The president, the governor of Texas, the Dallas county judge, and an assortment of both Democratic and Republican mayors in North Texas all agreed that Americans should cool it in April. This group may never agree on anything ever again, but they agreed on this. And yet the Republican officeholders are urging conservatives to train their fire on Moyé and Jenkins.

Ross Ramsey:

She’s not the only Texas beautician arrested for tending to customers during the pandemic — just the one who got the attention of the top politicians in Austin. Consider the story of two women in Laredo busted in April for offering nail and eyelash services in violation of pandemic-spurred restrictions. Ana Isabel Castro-Garcia was arrested by Laredo police after arranging to do the nails of an undercover cop posing as a customer. Brenda Stephanie Mata was arrested for a similar transgression, offering eyelash services to an undercover officer. Nails and lashes weren’t on the list of essential services under that city’s “COVID-19 Emergency Management Plan.”

Illegal grooming is hardly of interest to the average neighborhood crime watch or the FBI — whether it takes place in Laredo or in Dallas — but the law is the law.

Maybe it’s a big-city thing. State officials got after Harris County Judge Lina Hidalgo for a mandatory mask law that included fines for violators caught without masks in public. That furor also didn’t reach Laredo, where state officials had ignored a similar law for weeks. Maybe state officials just don’t pay attention to Laredo, or the Houston masks and the Dallas hair were just convenient attention-getting distractions for stressed-out politicians in the middle of a scary pandemic.

Whatever the case, salons can reopen in Texas on Friday to 25% of their regular capacity, freeing the state’s politicians to argue about other essentials.

Dale Hansen:

Those who blame the judge, saying it was a political stunt to put her in jail, are ignoring the real stunt here.

Luther’s GoFundMe page has raised more than half a million dollars, because it is true, there really is one born every minute. But I’m assuming she can feed her family now, and she will share her bounty with all those who can’t.

No one likes the position we’re in now. The virus has made it incredibly hard on almost all of us. But to excuse the actions of Luther, would create a society that I don’t think any of really want to live in.

[…]

We’re not in this together, we never have been. And all the sweet commercials won’t make it so.

Gov. Abbott and our other state leaders have proven again that the rule of law doesn’t matter, and court orders can be ignored as long as you are well-to-do and white.

If Shelley Luther’s beauty salon was in South Dallas the lieutenant governor would’ve never paid her fine and she’d still be in jail. And not a single one of you would be blaming the judge.

There. May Shelley Luther sink back into obscurity, and may we all remember the words of a long-ago statesman who said “We must all hang together, or we will surely hang separately.”

More reopening

It’s going great so far, right?

“Grandpa, what did you do during the COVID crisis?” “I got a haircut – for FREEDOM.”

Gov. Greg Abbott will allow hair salons in Texas to reopen Friday and gyms on May 18, moving more quickly than expected to further restart the Texas economy during the coronavirus pandemic.

The businesses will be required to follow certain rules, however, as the state continues to grapple with the novel coronavirus. For example, hair stylists will only be able to work with one customer at a time, while gyms can only reopen at 25% capacity, and their showers and locker rooms should remain closed for now.

Abbott announced the upcoming reopenings during a news conference Tuesday at the state Capitol in Austin, four days after he let stores, restaurants, movie theaters and malls reopen at 25% capacity. He had initially eyed May 18 as the next date to announce further reopenings, but in recent days he has faced growing pressure from some in his own party to move quicker.

Even as Abbott rolled out the additional reopenings, he braced Texans for “flare-ups in certain regions” and said the state has assembled “surge response teams” to dispatch to such problem areas.

After discussing barbershops and gyms, Abbott said state officials also want to reopen another type of business — bars — but are still figuring out how to do so safely. He said he wants feedback from bar owners, given that “not all bars are the same,” particularly when it comes to size.

The Friday reopenings, Abbott said, apply to “cosmetology salons, barbershops, hair salons, nail salons and tanning salons.” In addition to limiting stylists to one customer at a time, Abbott recommended salons use an appointment system only, and if they accept walk-ins, those customers should only wait inside if they can practice social distancing. Stylist stations should also be 6 feet apart, and Abbott said he “strongly” recommends stylists and customers wear masks.

When it comes to gyms, in addition to limiting capacity and keeping locker rooms closed, Abbott said all equipment must be disinfected after each use. Customers should wear gloves that cover their entire hands, including the fingers. Customers should maintain social distancing. And if customers bring their own equipment into the gym, such as a yoga mat, it must be disinfected before and after each use.

[…]

After the news conference, Democrats said Abbott was moving too quickly to further open up the economy, especially so soon after the initial reopenings.

“I thought we were waiting to see if the first round of re-opening caused COVID-19 spikes before making decisions on additional openings?” tweeted state Rep. Chris Turner of Grand Prairie, chairman of the House Democratic Caucus. “It’s been four days.”

Look, Steve Toth and Briscoe Cain’s hairs weren’t going to cut themselves. Desperate times call for desperate measures, you know.

Look, I need a haircut, too. I’m sure my beloved stylist (the girls and I go to Venus Hair in the Heights; Miss Venus has cut their hair since they were little) has been hurting and will be delighted to see me, and I feel reasonably sure she’ll do what she can to sanitize the place. I’m still not sure I’m quite ready for it, though. As for gyms, I don’t go to those but I have done a twice-weekly pilates class at a small home-based studio in the neighborhood, and I’m sure they will be eager to get up and running again, too. We already wiped down the equipment after use, now we’ll do it before as well and will be even more thorough about it. We’ll also be in a small space (a converted garage), and I don’t know how I feel about that. I hate that this is hurting small business owners like these folks. I also had pneumonia in 2007 and have no desire to put myself at risk for a nasty respiratory virus.

If we had a functional federal government that had used the lead time we had to get a scaled-up test and trace regimen in place, we wouldn’t be in this position now. If we didn’t have public officials and society page dilettantes and various armed lunatics out there denying reality and putting everyone’s health and safety at risk, maybe we could have a more honest conversation about balancing risk with people’s ability to earn a living. If we weren’t coming off the worst week for infections and deaths in the state, maybe we could feel a bit more secure. I mean, seriously:

The number of new reported COVID-19 cases and deaths last week was the largest since the pandemic began, suggesting that infections remain pervasive and much is still unknown about the size and scale of the Texas outbreak.

The state reported more than 7,000 new cases and 221 deaths, an increase of 24 percent and 33 percent over the previous week, respectively, a Hearst Newspapers analysis shows.

At the same time, as testing expands, the percentage of Texans who test positive for the disease has fallen to its lowest levels in over a month — a point that Republican Gov. Greg Abbott has turned to recently as a sign of progress.

The data tracks closely with national trends, and has some health experts worried as states including Texas move to reopen their economies.

“We’re opening against a backdrop of a lot of spread,” Scott Gottlieb, a former commissioner of the Food and Drug Administration under President Donald Trump, tweeted Monday. “Unless there’s a strong seasonal effect and summer slows transmission more than expected, we should expect cases to grow.”

You know who else expects cases to grow? Greg Abbott, that’s who. Please tell me again why we couldn’t have waited at least until we actually got the number of daily tests being administered up to the goal level he set before we did this? You can send a strike force to Amarillo if you want – you should also be prepared to send one to Palestine, too – but what exactly are they going to do to make this better?

I don’t know. I just don’t know.

Federal response to coronavirus spike in Panhandle

Variations on the theme.

A federal strike force is headed to Amarillo in response to a surge of coronavirus cases tied to meatpacking plants in the area.

Amarillo Mayor Ginger Nelson announced on Saturday that a team of federal officials would arrive in the Texas Panhandle as soon as Sunday to help “attack” outbreaks in the plants and take over testing and investigations of people contracting the new coronavirus.

“They will bring resources and most importantly they will bring strategies that they’ve been using in other beef packing plants to slow the spread, to get control of it,” Nelson said in a video posted to her Facebook page.

The latest figures reported by the state put the number of people who have been infected in Potter County at 684, giving it an infection rate of 5.66 per 1,000 residents. That’s roughly four times higher than the infection rates in Harris and Dallas counties.

[…]

In her video update, Nelson said that community spread of the virus in the area had “started from” meatpacking plants in the area. There is also a Tyson Foods meatpacking plant in Amarillo.

Nelson shared details of a phone call with Gov. Greg Abbott during which the governor told her it was best for Amarillo residents to stay indoors. Abbott last week allowed his statewide stay-at-home order to expire and allowed for the reopening of some businesses that limit their capacity.

So, would Abbott allow Amarillo to impose (or reimpose) its own stay-at-home order if Mayor Nelson thought it was the best way to bring this outbreak under control, or nah? Asking for a friend.

We’ve talked about meat processing plants and their role in spreading coronavirus before. The story doesn’t say whether that Tyson plant in Amarillo is one of the places where the community spread of COVID-19 started, but it doesn’t really matter. It’s that once there is a hot spot in your area, whether it’s a meant processing plant or a nursing home or, you know, a prison, it’s going to affect people outside that hot spot, too. Maybe if we put a little more focus and emphasis on minimizing the risks at these places, we’d be in a better position to back off the restrictions on other places.

How to become a coronavirus hotspot

It can happen to you, wherever you are.

Lamar County courthouse

Barely a week ago, rural Lamar County in Texas could make a pretty good argument for reopening on Friday.

Less than a dozen of the 50,000 residents of the area, which is right on the border with Oklahoma, had tested positive for the coronavirus – and none had died.

The mayor of Paris, Texas – a pit stop for drivers passing through to snap a selfie with the city’s miniaturized Eiffel Tower – had drive-thru virus testing in the works, just to give locals peace of mind. Some wore masks but many saw little reason to bother.

Then an outbreak at a nursing home turned up over the weekend, with at least 47 people at Paris Healthcare Center infected.

Now 65 people county-wide are infected and stores are second-guessing reopening as Lamar County becomes a cautionary tale of the fragility of Republican Gov Greg Abbott’s plan to get Texas back in business faster than many states.

[…]

Up until last weekend, Lamar County looked like a contender to begin to reopen under the loosest restrictions.

There had been just eight cases of coronavirus as of April 23, and six of those people had recovered.

“And then: ‘Boom,'” Paris Mayor Steve Clifford said, with the first positive case at the nursing home appeared the very next day.

“It hits us, like, right between the eyes, and all of a sudden we have this really huge, huge outbreak.”

According to The Paris News, there area fears of cross-contamination at another facility where an employee of Paris HealthCare also works.

“We are on the state’s radar now, and inspectors were at a second nursing home today,” Paris Mayor Pro Tem Paula Portugal told the newspaper.

“Austin knows our situation, and I believe they will help us with testing if we have a positive in a second nursing home.”

Now Clifford, a radiologist, worries about a second wave.

He worries about getting more testing kits, which has been a chronic problem that may have masked the true number of cases in his city from the start.

Recently, a courier drove 11 hours through the night to pick up testing kits.

Clifford had purchased 1,500 antibody tests – a big gesture for a city of 25,000 – and did a trial run of drive-thru testing April 23, in preparation for opening up for three days this week.

The nursing home outbreak scuttled those plans. One resident has died, but Clifford said if Texas doesn’t open back up soon, “every business in my city is going to go bankrupt and no one will have a job, and then there will be poverty.”

This is an Associated Press story. I saw it in the print section of the Saturday Houston Chronicle, but the only place I found it via Google News search was The Guardian, so go figure. I actually don’t intend for this to be a scare story. What happened in Lamar County could happen anywhere, but in most places it hasn’t happened, and God willing it won’t. We hate to admit such things because we all like to believe in our own virtue and fortitude, but sometimes it’s just bad luck, and this time Lamar County drew the short straw. The point of the risk mitigations we have taken against coronavirus – the shutdowns, the face masks, the social distancing, the hand washing, etc etc etc – have been about making the odds of such bad luck longer.

The parallels to what I do in real life in cybersecurity are striking. You can’t prevent all bad things from happening, but there are a lot of things you can do to make them less likely to happen, and to make them less damaging and easier to contain when they do happen. There are always tradeoffs – in IT security, they’re between stronger protections and ease of use. It’s one thing to weigh the risks when it’s your own personal safety or fortune on the line, and it’s another when the risks involve other people as well. This is why your corporate proxy server blocks certain URLs, and doesn’t let you send or receive executable files in your email.

I’m not asking you to believe that if you eat in a restaurant tomorrow you’re going to get sick and die. I am asking you to believe that your actions and decisions affect others as well as yourself, and the risks you are willing to take for yourself may impose an unbearable cost on someone else. That’s always been true – there’s a reason we have speed limits and laws about where you can legally shoot firearms, for example – but it’s a whole lot more visible to us now. I don’t know why this is so hard for some people to handle.

Day One of reopening

Just a reminder, this is where we started.

Texas reported 50 more COVID-19 deaths on Thursday, the most in any one day since the state reported its first deaths in mid-March.

The state also reported it had added more than 1,000 new cases of COVID-19 to its total of 28,000 — the biggest one-day increase in infections since April 10.

The numbers came out less than 9 hours before Gov. Greg Abbott was set to lift restrictions on many businesses, allowing malls, movie theaters, retail stores and restaurants to begin operating at 12:01 a.m. Friday. Those businesses can only operate at 25 percent of their maximum capacity for the next two weeks under Abbott’s phased re-opening plan. After that, if things are going well, Abbott has said he will increase the limit to 50 percent occupancy.

[…]

“Understand that Texas has either the 3rd or 4th best — meaning lowest — death rate in the United States,” Abbott said in a television interview on KVUE, an ABC affiliate in Austin. “Texas never has had a situation like New York, like California, like Washington, like Louisiana, like New Jersey, like Michigan, like Illinois with deaths. We’ve never had capacity strains on our hospitals like those states.”

But over the last two days, Texas reported more than 90 deaths from the disease, state records show. That number did not include another six deaths from Harris County, according to an independent tally by Hearst Newspapers.

On Wednesday the state reported 42 people had died. In the previous week the total deaths were 25 per day, on average.

Cheerful, I know. To be fair, the total on any one day is not itself that useful – it’s the trend, the rolling average over several days, that really matters. The point here is that we were not on a steady decline to begin with. Looking at the Trib’s chart, we’re still going up. Some of that is because of more testing, though we’re still at a pathetically low level of testing. If we can ever get to an adequate level, maybe then we’ll know how it’s truly going.

In the meantime, just because we can open doesn’t mean we will.

Arrows on the floor show customers which way to walk. Sanitizing stations appear on the walls. Signs advise shoppers to wash their hands.

On the first day that Texas’ stay-at-home order expired and non-essential retailers were allowed to reopen under social distancing protocols, customers, business owners and employees alike braved a new world together — six feet apart and at 25 percent capacity.

Most of Houston’s Galleria Mall, a massive up-scale mall that typically attracts 30 million visitors a year, stood empty. The majority of the mall’s 400 storefronts kept doors locked. Tables and chairs in the food court are missing, since only to-go orders are allowed. Kiosks that normally sell jewelry, perfume and gifts are draped with black cloths.

But lights flickered from some retailers, where masked workers stood anxious as the clock neared 11 a.m., when they would open their doors. Employees went about their business in the minutes leading up to the reopening; at ba$sh, a women’s clothing retailer, workers prepared the store with new inventory, pulling a rolling rack of flower-print dresses for display. Then, a handful of customers began to trickle in.

Mall general manager Kurt Webb said many tenants are anxious to get back to business, but he’s not expecting them to do so all at once.

“Early on, we’re OK with that,” he said. “We want to make sure we’re giving everyone enough space and earning people’s confidence that malls are a place the community can come and feel safe.”

Extra masks and sanitizing wipes are available for shoppers on the mall’s third floor office. But earning consumer confidence back will be a tough sell, particularly in malls. Only about a third of U.S. consumers feel safe going to the store right now, according to a Deloitte survey of consumer behavior.

[…]

Labor advocates and pro-business groups alike largely advised against the re-opening.

The Greater Houston Partnership, a business-financed economic development group, discouraged Houston companies from returning to the office if possible on the first day that the stay-at-home order had expired in Texas. Bob Harvey, the CEO of the GHP, said in a statement that office-based employees have been able to carry out tasks remotely for some time, and there is, “no need to add fuel to the fire,” when it comes to COVID-19 transmission.

Texas AFL-CIO President Rick Levy criticized the opening as a “premature green light,” if the state does not allow employees to refuse work if their employer does not meet safety standards in the pandemic.

Also not rushing to reopen:

When Texas Gov. Greg Abbott in late March deemed churches to be “essential” services and superseded bans on in-person religious gatherings in Harris and other counties, many local congregations opted to stick with online services and follow the advice of public health experts to prevent the spread of the new coronavirus.

A month later, Abbott has cleared the way for churches, synagogues and mosques across the state to resume larger gatherings as part of a plan announced Monday to restart Texas’ economy.

But there is far from a consensus among local religious leaders over whether now is the time to throw open church doors, even with Abbott’s social-distancing recommendations. A group of more than 80 Christian churches across greater Houston has signed a statement saying they would not hold in-person services during May.

“We believe that in-person gatherings for worship that are larger than 50 persons should not take place in April or May. We will not have in-person worship but will continue offering worship online,” said the statement. “In making this decision, we have the unanimous support of the leaders of the Texas Medical Center who strongly recommend these actions for all the faith communities of Greater Houston.”

Since the statement went out on Friday, about 25 more churches have added their signatures, according to Scott Jones, as resident bishop of the Texas Annual Conference of The United Methodist Church.

“We can see clearly at this time that resumption of larger group gatherings should not happen in the next six weeks,” the statement reads. “Deciding when to resume in-person worship for larger gatherings should be evaluated as new information about the rate of new cases and the availability of testing is available.”

Not every church leader agrees. Daniel DiNardo, the archbishop for Galveston-Houston, which includes 1.7 million Catholics, announced Wednesday evening that masses would resume this weekend with social distancing.

Second Baptist Church, which counts tens of thousands of Houstonians as members, said it will resume services at its campuses — again with social distancing — on May 9. The church said it may add new services to allow congregants to worship while remaining 6 feet apart.

And then there’s restaurants:

Dozens of Houston restaurants will reopen for dine-in service on Friday, May 1.

This list includes almost exclusively locally owned establishments from across a variety of price points and parts of Houston. That’s not necessarily the case in other parts of Texas; our sister site in Austin declined to publish a similar list of restaurants because “our story would largely consist of mega-chains or restaurant groups based in other cities.”

Those who choose to dine out this weekend will find restaurants to be different places than they were in February. Per regulations from Texas Governor Greg Abbott, diners will not be able to use valet parking. They will be expected to wash their hands upon entering a restaurant. Once seated — at parties no larger than six and at least six feet away from other tables — they’ll find that shared condiment dispensers such as ketchup bottles and salt shakers have been replaced by single-use, disposable items.

Picos has installed plexiglass partitions at the bar and in between some tables to separate both staff from diners and diners from each other. Many restaurants are limiting restroom occupancy to one person at a time, with a staff member monitoring the area to enforce social distancing. Contactless payment via Venmo or another app may be strongly encouraged.

Similarly, most restaurants have not only explicitly endorsed the Texas Restaurant Association’s Texas Restaurant Promise that recommends daily health screening of employees and frequent sanitizing of common areas but have also told CultureMap that their employees will be wearing masks and gloves when they interact with customers. Patrons should also strongly consider face coverings when they’re not eating to help prevent spreading the virus.

While the decision to reopen or patronize a restaurant’s dining room is controversial — one Instagram follower got blocked for a message that simply read “restaurants = death” — many people are ready to dine out. Representatives tell CultureMap that both Tony’s and Steak 48 are mostly booked for both Friday and Saturday, and Federal Grill had no trouble filling its available tables when it reopened last weekend.

I’m not, at least at this point, going to judge any business that felt they needed to reopen, or any person who wanted to patronize them. We are going to have to figure this out one way or another, and maybe at least we’ll get a better handle on how to do this by actually doing it, however risky or ill-advised it may be. I reserve the right to judge the hell out of anyone or any business that doesn’t reel it back in if it becomes clear that’s what we need to do, or who refuse to consider how their actions may affect others. I judge the hell out of these people, for example.

Speaking of which

Gov. Greg Abbott moved Friday to open up parts of the Texas economy, but he continues to get pressure from many Republicans to move faster even as Democrats have warned him to slow down.

Several conservative state legislators began a letter-writing campaign calling on Abbott to reopen other sectors of the economy — notably hair salons, barbershops, and bars.

“It is confusing to Texans that they have been allowed to congregate en masse at grocery stores and other big box stores since this crisis began, yet they are barred from patronizing a local barber shop or salon, for example, where they are served individually by professionals trained in sanitation and where they can social distance from other customers,” State Rep. Valoree Swanson, R-Spring, wrote in a letter to Abbott on Thursday.

She’s not alone. Other lawmakers from around the state have been sending in letters as well and taking to social media to prod the governor to open more businesses.

State Rep. James White, R-Hillister, took to Facebook to post a story about a Dallas salon that tried to open in defiance of Abbott’s orders to remain closed but was later forced to shut down.

“Greg Abbott Respectfully, ENOUGH!!! You are the only one that can STOP this!!! ENOUGH!!!” White wrote.

Abbott has said he, too, wants to see barber shops and hair salons open “as quickly as possible.” In an interview on KSAT in San Antonio on Thursday, he said he’s working with health officials to determine when those businesses can reopen safely. He said in those settings, workers and customers are in such close contact that they have to get the precautions right to prevent a flare-up of coronavirus infections.

“The decisions we make are based upon data as well as input from doctors,” Abbott said.

The hills some people pick to die on, perhaps literally. I do not understand.

Let’s close on a better note:

Harris County Judge Lina Hidalgo on Friday announced a fourth step to the mitigation plan she unveiled earlier this week to help reopen and restart Houston’s economy.

The mitigation plan announced earlier this week calls for expanding testing, contact tracing and treatment options. The fourth step announced Friday, what Hidalgo called the fourth “T”, is teamwork from residents to continue practice social distancing, wear face coverings and to remain vigilant of the virus, despite Gov. Greg Abbott’s decision to lift the stay-at-home order and reopen some businesses.

“We can’t ignore what is right around the corner,” Hidalgo said of a possible resurgence of the virus. “Some see today as a day of celebration…my message to them is not so fast.”

[…]

“Reopening doesn’t mean mission accomplished, it doesn’t mean the virus goes away,” Hidalgo said.

At least someone is keeping her eye on the ball.

All beaches are now open

Again, ready or not.

Galveston Mayor Jim Yarbrough isn’t worried about Texas beaches reopening to the public on Friday. He’s worried about where people will go after they leave the beach.

“If Houston people want to come and congregate on the beach and do their thing and go back to Houston, with or without whatever they might have contracted, that’s fine,” Yarbrough said. “But the volume of people that come, they’re not just going to the beach and getting in their car. There’s restaurants, there’s gas stations, there’s grocery stores … it’s all the little dominoes and ramifications of people coming to Galveston.”

Galveston had begun a soft reopening of its beaches on Monday — open from 6 to 9 a.m. to pedestrians — that is now null and void as part of Texas’s phased reopening when the state’s stay-at-home order expired at midnight. The Texas General Land Office, which governs beach access across the state, informed coastal cities like Galveston that they no longer had the authority to close beaches due to the coronavirus outbreak.

The city of Galveston announced the land office’s decision in a news release Wednesday, noting the agency’s guidance “rescinding its approval for local governments to close beaches due to COVID-19.” The order effectively opened all of Texas’s coastline to the public beginning at 12 a.m. Friday.

The basis for the land office’s green light to open beaches was Gov. Greg Abbott’s executive order encouraging outdoor activities “so long as necessary precautions are maintained” to minimize transmission of the virus and in-person contact with people who are not in the same household.

[…]

While Yarbrough said enforcement would be “minimal,” the Galveston City Council passed an ordinance Thursday mandating social distancing rules on beaches, outdoor venues, and entertainment venues. Violators will be subject to a $500 fine.

See here for some background. I can’t wait for some local Hotze to file a lawsuit claiming that Galveston has no authority to impose such a fine on beaches within its city limits. I’ve said that there’s value in reopening public spaces like beaches, which not only give people a needed place to go outside their homes but also represent a low risk of infection, at least as long as people aren’t crowding too close together. Skirmishes about opening beaches are happening in California as well, and probably in every other state that borders an ocean. We should recognize that this does place a larger burden on the towns where the beaches are, and give them a bit of space to handle it. And really, if there are alternative ways to go outside and get some fresh air, that don’t involve driving an hour or more down to Galveston, maybe consider that, at least for the time being.

Ready or not, here we reopen

Who cares what the data says?

As he moves to reopen the state Friday amid the coronavirus pandemic, Republican Gov. Greg Abbott has cited data and science as his guiding lights.

But Texas has yet to meet most of the benchmarks for easing restrictions set by Abbott’s most prominent outside medical adviser.

The governor is using a phased re-entry plan that seeks to balance a need to restart the economy while also preventing a second wave of the outbreak. On Monday he told Texans: “Because of your efforts, the COVID-19 infection rate has been on the decline over the past 17 days.”

While the rate of positive tests is indeed declining, the state doesn’t know the true infection rate — how many people have been infected out of all those at risk of exposure — because it has only tested about 1 percent of the population since the outbreak began.

There are still a lot of indicators the state can track. For help, Abbott has turned to medical advisers including Dr. Mark McClellan, a former Food and Drug Administration commissioner under President George W. Bush.

McClellan — the son of former Texas comptroller Carole Keeton Strayhorn — directs the Duke-Margolis Center for Health Policy at Duke University and co-authored a paper last month that laid out four prerequisites for states to meet as they reopen their economies. It has helped inform the Trump administration’s guidelines for states as the pandemic plays out.

In an interview, McClellan said Texas took effective early steps to avoid the overwhelming outbreaks that have hit New York and other states.

He also acknowledged that Texas has not met all the benchmarks he and his colleagues envisioned, and said the state will have to work hard in the coming days to boost testing and train people to track down the contacts of those infected, to slow the spread of the virus.

Here are the four goals McClellan helped outline, and where Texas stands on each.

Short answer: Of the four benchmarks, we’re missing three of them. The number of new cases is not actually declining, and hasn’t come anywhere close to declining for 14 straight days. We have less than half of the daily testing capacity Abbott required, and we have less than half of the number of contact tracers he wanted. The one metric we are meeting is on hospital capacity, and if we’re not careful or unlucky, that could get away from us as well. But hey, other than that, everything is just ducky.

I believe the interview with Dr. McClellan that the story references is this one in Texas Monthly with RG Ratcliffe. I mean look, I’m going stir-crazy too, and I want very much for our hurting businesses to get back to something sustainable for them. None of this is easy. I very much hope this will work out great and we all look back on this point in time as when the tide turned in our favor. But all that is is hope. There’s no data behind it, and no reason to believe it will go that well. And as bad as things are now for businesses, having the infection rate spike will not do anything good for them, or anyone else. I will be delighted to be proven to be a worrywart. We all better pray that I am.

Reopening the beaches

Galveston has opened its beaches again.

Galveston beaches were reopened to pedestrians Monday from 6 a.m. to 9 a.m. after being closed for nearly a month due to the novel coronavirus outbreak. The Galveston City Council voted 4-3 on the partial reopening on April 23, allowing people to surf, swim, fish and access the jetties during these hours. The beaches will remain closed all other hours. Vehicular traffic and the setting up of chairs, tents or beach picnics will still be prohibited, with beachgoers required to maintain at least 6 feet of social distancing.

Ever since the city of Galveston closed its beaches on March 29, many residents have complained about no longer having a vital outdoor recreational space, especially since the city also shut down local parks and playgrounds in an effort to limit the spread of the new coronavirus. The fact that the city acted to close beaches independent of coastline managed by Galveston County or other localities like Jamaica Beach created scenarios where Galveston residents who wanted a day of surf and sand could still hop the ferry to Bolivar Peninsula or drive across San Luis Pass to Brazoria County, where beaches also remained open.

The staggered beach openings came to a head on Saturday and Sunday, when traffic for the ferry to Bolivar Peninsula extended from the ferry landing all the way to the seawall and peninsula beaches were significantly more crowded as a result.

Darrell Apffel, a Galveston County commissioner whose precinct includes Bolivar Peninsula, said local law enforcement had eight two-person teams patrolling the peninsula and enforcing social distancing. He said he was not concerned about keeping peninsula beaches open while Galveston beaches are closed because law-enforcement officers are well- equipped to handle crowd control on beaches.

“These large crowds are still not to the tune of Jeep Weekend or Memorial Day,” Apffel said. “They’re large crowds in the sense that people got out and enjoyed the beautiful weather.”

You can get a peek at what Bolivar looks like here. As with eating in restaurants, I’m not ready to hit the sands any time soon. However, I have sympathy for the people who want the outdoors outlet, especially if other parks are closed at this time. Henry Grabar makes the case for beaches as a low-risk way to let people be outside again, with the mental and physical health benefits that brings.

Until we are able to halt widespread community transmission and begin testing and contact tracing, it’s too soon to “reopen” the economy in the way Donald Trump envisions. But we can get more Americans—and even businesses—safely outdoors.

Those Florida beaches aren’t so different from Central and Prospect parks in New York City. Frederick Law Olmsted’s two “green lungs,” the American city’s quintessential public health infrastructure, are offering New Yorkers critical physical and mental respite during their city’s darkest hour. And why not?

“I would not worry about walking by someone,” said Dr. Amesh Adalja, an infectious disease specialist at Johns Hopkins University. “Even in a health care setting, contact is defined by being near someone for a certain amount of time. I would not worry about these fleeting encounters. The virus isn’t airborne—droplets need to get from one person to another.”

The issue, Adalja added, is that beaches tend to be places where people don’t keep their distance. Any additional open spaces where people interact even in passing, he added, create the potential for new cases.

But what little we know about the coronavirus suggests you have little to fear from brief encounters with other human beings outside. Dr. Edward Nardell, an airborne-infection specialist at the Harvard T.H. Chan School of Public Health, said outdoor transmission was “possible but improbable.”

“It bugs me to see these restrictions on people being outside,” Nardell said. “Mental health means something as well, and I can’t imagine you’re in a better place than outside if you’re going to have any contact anywhere.” Nardell, who survived a recent battle with COVID-19, said that if he were in Massachusetts Gov. Charlie Baker’s shoes, he would go ahead with opening the state’s beaches—but with strong signage reminding people to keep their distance and under park ranger supervision.

Nardell’s colleague Marc Lipsitch, an epidemiologist, wrote a more general case for public spaces in the Washington Post last week.* “Closing parks and public gardens should be a temporary, last-resort measure for disease control,” he and his co-authors wrote. “The science could not be clearer: The benefits of getting outside vastly outweigh the risk of getting infected in a park.” Wear a mask, keep your distance, have a ball.

Grabar spoke about this and added some more data on a recent episode of The Gist. What stood out to me was his statement that contact tracers basically ignore people’s encounters with passersby on the streets, in part because they have no way of tracking them down short of ubiquitous cellphone location tracking, and in part because they deem the risk of transmission to be negligible. As I said, it’s not for me at this time, but I buy the idea that this is worthwhile, as long as social distancing is still being observed.

Reopening roundup redux

More news about that thing that Greg Abbott is making us do.

Health experts give Abbott’s plan to reopen Texas mixed reviews, warn state should revive stay-at-home order if surge emerges:

Diana Cervantes, director of the epidemiology program at the University of North Texas Health Science Center, said Monday’s announcement came too soon — and did not give businesses enough time to prepare precautionary measures before opening Friday.

“That’s a concern,” she said.

Health leaders in some Texas cities said it was too soon to relax social distancing precautions that have helped keep the coronavirus outbreak manageable in Texas. Abbott moved toward reopening about 10 days sooner than health leaders in Houston had hoped for, according to the Houston Chronicle. The governor said his order supersedes any local restrictions.

“This is too soon for us,” Mark Escott, Austin’s interim health authority, said Tuesday during a city council meeting. “As we’re still preparing contact tracing, ramping up testing, working to protect vulnerable populations, now is not the time to flip on the light switch.”

At the same meeting, Lauren Ancel Meyers, an epidemiologist at the University of Texas at Austin, shared a model she created showing that Austin could surge past its hospital capacity as soon as this summer if social distancing regulations are eased indefinitely.

In Dallas County, which marked its deadliest day on Tuesday, Health and Human Services Director Philip Huang said some area hospitals have seen increases in COVID-19 populations.

“These are the trends we’re worried about even before the governor’s order,” he said, standing in front of a screen that read “Stay Home, Stay Safe.” As businesses reopen, he said, it is all the more important that Dallas continue to socially distance, wear masks and “make smart choices.”

Health experts said Abbott must be careful in determining whether it’s safe to continue to expand business openings in coming weeks. The success of the economic reopening depends on increasing the state’s capacity for testing and contact tracing.

Moving forward to the second phase of reopening — when certain businesses could serve customers at 50% capacity — depends on the outcome of the first stage. Abbott said it is “only logical” that the restrictions he’s easing this week will cause an increase in the number of positive coronavirus cases. That alone will not be “decisive,” he said.

The governor and his advisers will look closely at hospitalization rates and death rates to decide whether it is safe to move on to phase two. But Abbott’s plan, outlined in a 65-page booklet, does not offer specific figures or thresholds.

[Luis Ostrosky-Zeichner, a professor of infectious diseases and epidemiology at UT Health] said “any sort of uptick in cases would be worrisome to me.”

A distinct lack of metrics was a concern to me as well, but what do I know?

Texas sending restaurant and retail employees back to work without child care:

Restaurant servers, retail cashiers and movie theater concession workers in Texas could be called back to work as soon as Friday, in the first phase of the state’s emergence from a coronavirus shelter-at-home order.

But parents working in those industries who have young children will be turned away from licensed child care centers, which remain open only for children of essential workers such as grocery clerks and nurses. And public and private schools across the state are closed for all students through the end of the school year.

As Republican state leaders move to re-energize the economy, already a controversial decision, they are forcing some parents into a near-impossible choice: find a place to leave your child or risk losing your source of income. Under the state’s current rules, Texans who choose not to go to work when their business reopens will no longer be eligible for unemployment payments.

“Public health needs indicate that child care operations may remain open only to serve children whose parent is considered an ‘essential’ worker under the Governor’s executive order,” said Cisco Gamez, a spokesperson for the Texas Workforce Commission, in a statement. “Just because a business is now open does not necessarily mean that it is considered ‘essential.’”

But the Texas Workforce Commission has since said in a follow-up statement that it is considering case-by-case waivers that would allow some people to continue receiving unemployment benefits even if they choose not to return to a reopened business.

“Under longstanding TWC policy, if an employer offered an individual a job and they refused the job offer without good cause the employee would not be eligible for unemployment insurance benefits,” the statement said. “Recognizing this, extraordinary situation, TWC is reevaluating good cause situations that take into consideration the governor’s direction towards reopening the economy.”

It’s almost as if the problems that had been identified for working people in good times were exacerbated in a time of crisis. No one could have seen that coming.

Montgomery County commissioners call Abbott’s plan to reopen Texas economy ‘vague’:

Gov. Greg Abbott responded to Montgomery County Judge Mark Keough late Tuesday and acknowledged his order to reopen Texas businesses on Friday needed clarification after Keough called the plan vague and said it didn’t mandate businesses such as hair and nail salons, bars and gyms remain closed.

“I actually went back and looked at the order and I can understand why he’s saying that it needs clarification. And so we will provide that clarification,” Abbott said in a Fox 26 interview regarding Keough’s comments.

Keough said he appreciated the governor’s attention in the matter but said he is standing his ground that his interpretation of Abbott’s order only says those businesses “shall” be avoided, which, he said, does not mean the businesses can’t open. He added if and when Abbott clarifies the order in writing, he will abide by its guidelines.

During the commissioners court regular meeting Tuesday morning, Keough said the county has done all it can to follow guidelines from Abbott. However, he said the opening of some businesses over others “doesn’t make sense.” After reading Abbott’s order, Keough said it does not close or keep closed any businesses.

“He doesn’t close those,” Keough said of businesses such as hair salons, barbershops, gyms and nail salons. “It says you should avoid these businesses. It is uncommonly vague what he has said and there is a measure of confusion. I am not trying to push against the governor, I am just trying to free the people who have been chosen to be the losers.

“The object here is not to go rogue on the state of Texas or the governor. The object is we have until Friday to get clarification on this. As far as we are concerned, he has not declared these (businesses) closed.”

Still waiting on that clarification. People seem to be especially agitated over the haircut issue:

As Abbott made the rounds of TV news interviews Tuesday, it was clear that his hair edict had struck a strong and disappointed chord with some Texans.

“Now governor, by far the most calls we have been getting are from barbers and hairdressers who are trying to understand why they are not in phase one of your plan,” the interviewer on KFDX in Wichita Falls asked Abbott on Tuesday afternoon. “People feel that personal grooming is essential and if proper precautions are taken, why isn’t the hair industry in phase one?”

“Well, first I agree with their sentiment 110%. And I know that fellow Texans do also,” Abbott replied. “But once again, the decisions that we made yesterday were decisions based upon recommendations by doctors, and so some doctors concluded that because of the close proximity between a barber and a customer and a hair salon and a customer, even though they’re wearing face masks, we’re still looking for best strategies.

“But it’s so important for your audience to know this,” Abbott said. “After my announcement yesterday, we began working on the issue immediately, and we are continuing to work on it and we will be looking forward to try to make an announcement really soon as we come up with safe strategies for barbers and hair salons to be able to reopen.”

I mean, my hair is approaching levels of shagginess not seen since my grad student days, but that hasn’t broken my spirit yet. My hair will still be there to be cut in a couple of weeks, you know?


Go click and read the thread, and also read this Eater story if you haven’t already.

Office space: How to keep Texas workers safe as they return:

The office refrigerator? Better take it away. The office coffee pot? Ditto. Even shared copiers and printers have become biological hazards, thanks to the spread of the coronavirus.

Workplace culture as we knew it in January is disappearing as companies prepare for the return of employees as early as Friday in Texas.

Many companies have focused on separating employee workstations so workers remain 6 feet apart to comply with government social-distancing recommendations. They’re also buying masks and gloves to prevent the virus from spreading. But what about not-so-obvious dilemmas, such as whether to station someone on each floor to help maintain distancing in office elevators. And what to do about the germ-covered door knobs on bathroom doors?

“It’s the simple things, like unfortunately and sadly, maybe eliminate the handshake,” Jason Habinsky, an employment lawyer with Haynes and Boone, told employers this week during a telephone seminar. Instead, maybe workers could point and a nod at each other, a manner that before the conoravirus pandemic might have been awkward but now makes sense.

I don’t drink coffee and I almost never generate paper, but I do bring my lunch more often than not. Guess I’ll have to plan to start bringing a cooler or something. This world we’re going to re-enter is going to be so very different from the one we left.