Is Dallas County’s Shelter-in-Place Order Unconstitutional?

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Despite Dallas County Judge Clay Jenkins loosening restrictions around real estate showings, a Dallas attorney says the shelter-in-place order is “unconstitutional.”

“It makes realtors, real estate agents, brokers look like people who need to be policed, like they need to be babysat,” Christopher Sullivan told NBC 5. “And I’ll tell you that’s the further thing from the truth. You have to be a licensed professional to provide these services and they can keep people safe.”

Sullivan’s chief issue is in regards to the rules surrounding showings. Realtors are obligated to provide protective masks to clients during a showing. However, few agents have access to such equipment, Sullivan says.

In his mind, it’s unequal treatment. However, Jenkins notes that the rules were developed with assistance from MetroTex Association of Realtors.

“The recent loosening of the rules around the provision of essential real estate services were drafted in consultation with the DFW Metro-Texas Association of Realtors and balance the need to provide an important service with the paramount needs of public health as we respond to this global pandemic.”

The full list of orders can be viewed here.