Below is Denton County Sheriff’s words as previously posted on his Facebook page.
“A week ago they were carrying signs that said F the police, and demanding police be defunded. They were ignoring the Denton curfew order and blocked city streets. Now those same people are mad at me for refusing to enforce the mask mandate issued by the Governor. Their hypocrisy is mind blowing Please read the following taken directly from the order: “Local law enforcement and other local officials, as appropriate, can and should enforce this executive order, Executive Order GA-28, and other effective executive orders, as well as local restrictions that are consistent with this executive order and other effective executive orders. But no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order or for related non-violent, non-felony offenses that are predicated on a violation of this executive order; provided, however, that any official with authority to enforce this executive order may act to enforce trespassing laws and remove violators at the request of a business establishment or other property owner.” This is an executive order not a law. Only the legislature can make law. So the accusations that I’m refusing to enforce the law are not true. See where it says “Local law enforcement and other local officials, as appropriate, can and should enforce this executive order,” No where does it say “shall”. The Governor is a former Attorney General he knows the difference In can and should vs. shall in the legal world. Now this line “ But no law enforcement or other official may detain, arrest, or confine in jail any person for a violation of this executive order “ Once again the Governor knows what detain means. If I stop you for speeding you are detained, if I stop you on the street for littering you are detained. Even if I’m just issuing a warning. So according to the order I am not allowed to detain you for not wearing a mask. So I can’t even stop you and talk to you about not wearing a mask, I can’t tell you to come with me while we discuss your failure to wear a mask. I certainly can’t arrest you or put you in jail. There is no way to know who has had a warning and who hasn’t If you tell me you have a medical condition I can’t ask for proof. The order is not a law , there is no requirement that any police officer enforce it, and it’s unenforceable. We can’t spend our time running from place to place for calls about mask we can really do nothing about. Like I said I will comply because I want to comply. I won’t and I don’t believe I can take any enforcement action on this order. I do believe I have sworn to uphold the constitution and I will do so. Here’s a little scenario for you. Mr. Smith is not wearing a mask in violation of the order. I’m called and I confront Mr. Smith. I tell Mr. Smith he’s getting a ticket and I need to see his identification. Mr. Smith is now detained and not free to go. I have now violated the same order I’m accusing him of violating. Let’s say I write Mr. Smith a ticket. Mr. Smith then doesn’t show up for court and doesn’t pay his fine. Now the judge issues a warrant for Mr. Smith. Now what do I do ? A warrant says you shall arrest Mr. Smith the order forbids me from arresting or jailing Mr. Smith. Now what? I don’t know you tell me. This executive order hereby prohibits confinement in jail as a penalty for the violation of any face-covering order by any jurisdiction.”