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Temporary restraining order to test patients in quarantine a third time denied

A judge said the court has no authority to second guess rules set by federal officials, even though he shares the city's concerns.

SAN ANTONIO — The City of San Antonio and local leaders filed for a temporary restraining order Monday, asking a court to require three coronavirus tests conducted 24 hours apart each at a minimum before evacuees could be released.

A judge denied the request, saying the court has no authority to second guess rules set by federal Health and Human Servies and the Surgeon General, even though he shares the city's concerns.

"The United States Government is, in effect, washing its own hands further of this quarantine," Judge Mario Martinez wrote in his denial. "This is disappointing. Nonetheless, Plaintiff's motion for a temporary restraining order is DENIED."

The request comes days after an evacuee was released from quarantined after twice testing negative for COVID-19. The evacuee was returned to isolation after a third test resulted in a weak positive.

San Antonio Mayor Ron Nirenberg declared a public health emergency Monday, a move "designed to prevent CDC from moving evacuees from Lackland," according to a spokesperson for the mayor.

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