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'Not a lot of wiggle room': Local leaders exploring potential legal loopholes in Gov. Abbott's order as lifting of mask mandate nears

The statewide orders are set to lift in a matter of days. Mayor Nirenberg and County Judge Wolff are exploring what may come afterward.

SAN ANTONIO — Local leaders want to keep residents wearing masks as the pandemic continues. On Friday, Bexar County Judge Nelson Wolff and Mayor Ron Nirenberg said they're exploring legal loopholes with Gov. Greg Abbott's order on lifting the mask mandate statewide, which officially happens next week. 

"It is pretty tight," Wolff said, referring to the order. "Not a lot of wiggle room."

City and county attorneys are exploring legal loopholes in the governor's order.

"We are going to try," Wolff said.

"There is one Houdini with regards to the governor's order, and that is Judge Wolff," Nirenberg added.

There's still an outside shot that local orders could be imposed. But in order for that to happen, COVID-19 hospitalizations must surpass 15% of the region's total hospital bed capacity, and stay there for seven straight days. Wolff could use other mitigation strategies, but local leader are barred from penalizing people for not wearing masks. 

With the statewide mask mandate ending, it's largely up to individual businesses to decide whether they want to require them.

"The business community might save us," Wolff said.

The local leaders applaud business owners who are already pledging to keep requiring masks. One of those businesses is Sancho's Cantina, where staff aren't planning on making any changes come Wednesday. 

"We are still going to follow the CDC and the WHO guidelines," said Shiloh Lay, one of the restaurant's managers. 

The San Antonio favorite will still make masks mandatory. It is also not going to operate at a 100% capacity, despite the governor giving the green light.

"It is for the safety of our staff and our customers," Lay said.

The mayor said that, during this pandemic, local businesses have been bending over backwards.

"They have had to deal with not just annoyance, but incredible hardship as a result of the mix messaging in these changing orders," he said. "So we want to be able to help them be in the best position possible."

The mayor and judge plan to meet with city and county attorneys on Monday, to further explore what additional steps they can take. 

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