Photo: Trent Bona

The Texas attorney general’s office is calling a Colorado mountain resort area’s call for all non-residents to leave the county -- including those who own ski homes in the area -- unconstitutional.

“While the order contains other laudable measures aimed at protecting public health, its patent discrimination against non-resident homeowners -- including Texans who own homes in Gunnison County -- runs afoul of the United States Constitution,” the office wrote in a letter to the director of county’s Department of Health and Human Services.

Resort areas have struggled with the coronavirus as those with second homes flee cities to ride out the pandemic in a less populated setting. Gunnison County, which includes ski resort town Crested Butte, argued that people flocking to the area were straining the rural county's infrastructure.

"The Public Health Director also finds that non-residents, regardless of whether they own a residence in Gunnison County, are imposing unnecessary burdens on health care, public services, first responders, food supplies and other essential services," its order said.

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Gunnison County said its public health director had found that non-residents, visitors and non-resident homeowners from lower altitudes were at a greater risk of complications from COVID-19, the disease caused by the novel coronavirus, than those who are acclimatized to the county's high altitude.

The Texas Attorney General's office cited the U.S. Constitution, which says that "citizens of each state shall be entitled to all privileges and immunit9ies of citizens in the several states."

"This is not to say that non-resident homeowners should not abide by other restrictions, such as limits on social gathering and essential services, applicable to all residents of Gunnison County," David J. Hacker, special counsel to the Texas Attorney General, wrote. "But as we face this challenge on behalf of our constituents, we as public servants must be careful to do so within the boundaries drawn by our Constitution."

A previous version of this story called Powderhorn a ski resort town. Powderhorn Ski Resort is located in Mesa, Colo.