BREAKING NEWS! Montgomery County Sheriff Rand Henderson threatens customer arrests

Montgomery County Sheriff Rand Henderson.

BREAKING NEWS!

The Golden Hammer Staff Reports

Conroe, May 1 – Texas Governor Greg Abbott has created a vague order that has confused small business owners and patrons.  Executive Order GA-18 threatens some small businesses with extinction. Montgomery County Sheriff Rand Henderson’s response is to threaten customers’ freedom.

Rand Henderson’s response to the Executive Order GA-18 violation is to educate the business owners and patrons in an attempt to convince them to partake in the extermination of local business by having certified peace officers talk them into leaving the place of business. Deputies are instructed to first appeal to the violator’s sense of community and duty.  If your sense of community and duty lies with the small business owner and your own interests instead of with the tyrannical government, you will be threatened with arrest for choosing the wrong side.

Violators, formerly known as customers, will be charged with violation of an Emergency Management Plan which is a Class B Misdemeanor with punishment up to a $1,000 fine, 180 days in jail, or both!  Arrest is a last resort, if your “sense of community and duty” to the government fail.

We elect a sheriff to catch criminals and stand as the last line of defense when tyrannical government threatens our civil liberties, not to judge our sense of community and duty and punish us for not demonstrating allegiance to unconstitutional heavy handed orders.

Sheriff Henderson’s instruction to his patrol officers follows:

Sheriff Official Bulletin
To: MCSO Employees
From: Sheriff Rand Henderson
Regarding: Executive Order GA-18
Date: April 30, 2020
This memo is being issued to help clarify for you certain points of action and enforcement authority
regarding Governor Abbott’s orders issued April 27, 2020. The order is titled Executive Order GA-18
relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response
to the COVID- 19 disaster.
Page 4 of the Executive Order states, “People shall avoid visiting bars, gyms, public swimming pools,
interactive amusement venues such as bowling alleys and video arcades, massage establishments, tattoo
studios, piercing studios, or cosmetology salons. The use of drive-thru, pickup, or delivery options for food
and drinks remains allowed and highly encouraged throughout the limited duration of this executive order.”
This order does not require “bars, gyms, public swimming pools, interactive amusement venues such as
bowling alleys and video arcades, massage establishments, tattoo studios, piercing studios, or cosmetology
salons” to close. The order does require people to avoid those same places.”
If deputies receive a call for service regarding a business open such as bars, gyms, public swimming pools,
interactive amusement venues such as bowling alleys and video arcades, massage establishments, tattoo
studios, piercing studios, or cosmetology salons deputies should seek voluntary compliance to Governor
Abbott’s Order from our business partners and community.
If violations are observed, our first action is to educate the establishment owner and any patrons who are
visiting the business and attempt to gain compliance. Deputies should first appeal to the violator’s sense
of community and duty. Deputies will obtain and have a physical copy of the order to present to individuals
who may not be in compliance or lack knowledge on the specifics of these orders. Our ultimate objective
is to gain compliance without arrest. However, if an arrest is appropriate, Deputies will contact their
supervisors before a decision to arrest or issue a citation is made.
Supervisors will contact the on-call CIC who will work the District Attorney’s Office intake to review the
facts of the violation. Only after reviewing all facts at that time and after considering the totality of the
circumstances will a decision be made. If voluntary compliance is not obtained and an arrest is authorized,
the correct charge is violation of an Emergency Management Plan – CJIS# 53990021. This is a Class
B Misdemeanor with punishment up to a $1,000 fine, 180 days in jail, or both. This charge can be filed by
citation or as a last resort, arrest.

DA Intake should be contacted for ALL Cite and Release situations and Arrests. They will be able to give
you the correct CCL# for the citation. The court date for all citations issued will be June 26, 2020. The
violator will get a copy of the citation. You will include a copy of the citation with your offense report. DA
Intake will also need a copy of the citation before the end of your shift.
If owners of bars, gyms, public swimming pools, interactive amusement venues such as bowling alleys and
video arcades, massage establishments, tattoo studios, piercing studios, or cosmetology salons refuse to
cooperate with the spirit of GA-18, a report shall be written and forwarded to the appropriate State licensing
authority such as Texas Department of Licensing and Regulation or Texas Alcohol Beverage Commission
for investigation.
For issues dealing with occupancy violations no greater than 25%, Deputies are encouraged to use common
sense and discretion. The Montgomery County Fire Marshal’s Office is available to assist with any issues
regarding occupancy violations.

Publisher’s Update: Sheriff Henderson slightly modified this memorandum to make enforcement of business closures mandatory rather than precatory this afternoon after Texas Attorney General Ken Paxton issued an advisory opinion that bars, gyms, swimming pools, and the like should remain closed under Governor Abbott’s Executive Order GA-18. Sheriff Henderson should look to the United States Constitution and the provisions of the Texas Government Code where he would find that neither the Governor nor the Sheriff have any authority to take these actions against businesses or their patrons.

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