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Judge upholds McKinney 'stay at home' order

The ruling allows cities to maintain stricter requirements than Collin County order

MCKINNEY, Texas — A Collin County judge on Tuesday upheld the City of McKinney "stay at home" order by denying a request for a temporary restraining order.

The three minute hearing by Judge Jill Willis, conducted via a Zoom conference call, allows McKinney to maintain a more stringent set of emergency guidelines than what is currently in place in Collin County.

Realtor Derek Baker filed the petition on Friday, arguing the City's order and the Collin County order implemented by County Judge Chris Hill on March 24 were at odds.

Hill's order told residents to stay at home unless going out for essential activities and if someone is sick, they were ordered to stay home.

However, the same order deemed all businesses essential.

On Monday, Hill pushed back against the idea that the order needed more specificity or examples on activities that are essential or non-essential.

"If they really need an elected commissioner to tell them that, we're in trouble," Hill said.

The order in Collin County places the responsibility for physical distancing on the individual business, employee and customer.

McKinney Mayor George Fuller responded the following day by declaring an emergency order defining essential businesses and directing "non-essential" businesses to close. 

The McKinney City Council approved an ordinance on Friday reemphasizing the same restrictions.

Willis cited that decision in her justification to deny the motion on Tuesday.

"Once the mayor’s declaration was superseded by the city ordinance, the conflict provision no longer applies," Willis said.

Other Collin County cities, including Frisco and Richardson, have similar, stricter requirements than the county.

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