Off the Kuff Rotating Header Image

Sam Biscoe

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.