Chris Rourke

Times Editor

Gunnison County leaders are firing back at the Texas Attorney General — questioning who he represents, and what authority he has in asking them to modify a standing Public Health Order.

In a letter from Deputy County Attorney Matthew Hoyt, county leaders state that Gunnison County “cherishes and welcomes visitors … including visitors and nonresident homeowners from Texas.”

However, the letter states Attorney General Ken Paxton makes "sweeping and generalized arguments” and ignores the unprecedented public health crisis in the county and the law that establishes the Public Health Order.

Yesterday, Paxton sent a letter to Gunnison County Health and Human Services Director Joni Reynolds calling her ban on nonresident homeowners and visitors to the Gunnison Valley “unconstitutional.” The ban is included in the fifth amended Public Health Order signed April 3.

Paxton argued that the Privileges and Immunities Clause of the U.S. Constitution guarantees that a citizen of one state will be “treated as a welcome visitor rather than an unfriendly alien when temporarily present in another State.” He also said the process of approving exemptions lacks criteria upon which they will be granted.

But Hoyt came back and first asked Paxton to clarify who he was representing — the State of Texas, the Governor of Texas or some other person or entity. He asked if the State of Texas is considering litigation against Gunnison County and how the Attorney General of Texas is purported to represent an aggrieved party.

“If forced to defend the Order in litigation, we will bring out to bear the appropriate public health bases and supporting facts for each and every provision of the Order that is challenged,” Hoyt states in the letter. “Given that we fail to see how the Texas Attorney General even has the authority to challenge a Colorado county’s local public health order, and the weakness of your legal arguments, we see no need to provide this information in response to your correspondence.”

Hoyt affirms Reynolds “broad authority and the delegation of the State of Colorado’s police powers to among other things, ‘exercise … control over property and over the persons of people'” within the jurisdiction of Gunnison County and that she may find necessary for the protection of the public health to prohibit gatherings to control communicable diseases.

Hoyt said the Order is in fact constitutional as authorized by both state and federal law, and goes on to question similar action by the State of Texas to control movement into its state.

“We also note that the Texas Attorney General recently recognized that Texas law allows municipal and county offices to control the movement of persons and the occupancy of premises in a local disaster area,” the letter continued. “This is precisely what Gunnison County is attempting to accomplish with its Order under Colorado law.”

Hoyt said nonresidents including citizens of Texas will be welcome to return once “this crisis is over.”