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McKinney resident files lawsuit against mayor over COVID-19 emergency order

Derek Baker alleges that McKinney's emergency order is contradictory to the Collin County order. A judge will rule on the temporary restraining order Monday.

MCKINNEY, Texas — A judge in Collin County is scheduled to hear a case that directly challenges McKinney's shelter-in-place order. 

On Friday, Mayor George Fuller told WFAA he was served with a lawsuit from Derek Baker, a McKinney resident.

Baker alleges that McKinney's emergency order is contradictory to the Collin County order. The mayor says the judge hearing the case informed them that the judge will likely grant the restraining order. 

That means McKinney has to follow Collin County's much less stringent emergency order. 

The county's order says all workers are "essential" but also says if you are in the high-risk groups for infection don't show up to work.

RELATED: Collin County commissioner says residents, not government, should define what’s essential

"I put an order in place that I believe with all my heart is the smart and right thing to do. And now I have a single resident not elected trying to speak for the community that did not put him in office to speak for them," said Fuller.

The McKinney mayor is very disappointed and says the infection data supports everything the city is doing. But Baker tells WFAA that he has nothing against the mayor but does say Fuller broke the law.

RELATED: Business, health care leaders question whether Collin County’s stay-at-home order goes far enough

"It is arbitrary for the mayor who is and isn't important to go to work. Don't basically fire people with an edict from on high which causes them to basically lose their income and their house," said Baker.

Baker told WFAA that he has received many threatening comments over social media. He says one of the comments was a death threat. 

Meanwhile, if the restraining order is granted on Monday, Fuller says the city fully intends to appeal.

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