restricting day care to only essential workers and closing things like cigar bars.you cannot wear your mask 100% of the time. >> reporter: i have a hard time imagining going to a cigar bar in the midst of a global health pandemic, but unbelievable if that's where we are. i want to ask you very quickly about the school system. you will have to approve plans for schools in dallas county to open. are you confident that this can be done safely in the time frame we're looking at here, the next month and a half or so? >> as long as the state will do what our superintendents are asking, an i think we're getting there. we made demands, they met most of them already, that we'll be able to do that. i don't know if it will be safe to go back to school because that's five weeks away, but we will have the flexibility to have in-home learning and at-school learning. have our plexiglass, our mask requirements. so we're getting what we're asking for. unfortunately, this is a very bad pandemic. i just don't know what august will look like. >> reporter: huge challenge for parents obv

in february of this year, i had my own experience of being racially profiled by employees at the cigar bar. our asian american community has been -- there have been firsthand accounts of hate directed at asian americans from across the country. in san francisco alone, there were more than 172 incidents of hate, all which occurred while sheltering in place rules were in effect. they range from verbal and physical assaults and discriminatory treatment, all dehumanizing, traumatizing and creating tremendous fear and anxiety for residents in san francisco. last month a couple in pacific heights called police on a filipino man accusing him of defacing someone else's property, despite the fact it was his home. in the same month, a couple stopped a latino man from entering the garage of his apartment building in south of market because he didn't look like he belonged there. and, of course, nationally, on may 25, george floyd was -- i'm sorry -- may 25th george floyd was killed because of a phone call accusing him of using a counterfeit bill. and there was a phone call in central park in new york

thus far he hasn't even been willing to close cigar bars. u can't wear a mask and smoke a cigar in annen closed space. so we're asking the governor to do what our local doctors are requesting. >> do you think a complete shutdown might be necessary in dallas county? >> if the governor refuses to act, the longer he waits the more that will be necessary. at this point, the doctors think, at least here, things are better here than in houston, but they think here he could do less than that. that is what they've been saying for the last three weeks and he's failed to act. so if he continues on the path of not acting then a shutdown will be necessary. >> and just a note for viewers, judge, we have the same conversation when you were on two weeks ago when you had just sent this letter to the and he still has not gone any further or responded to what you're asking for and saying your county needs, because you're listening to the medical experts. do you think dallas schools can reopen for in-person learning next month? >> no. i think we can open for le

the governor won't even close cigar bars and we want to restrict day care to essential workers only. you know, there's a few other things our doctors are looking at. they're actually meeting again tonight. basically, we want to do whatever the doctors tell us the science indicates will work here. those are the two main things. >> i noticed overnight that travis county, austin, did not need to open an auxiliary center in the convention center because the hospitalizations have stabilized. what are you seeing in terms of hospitalizations? >> well, our hospitalizations are at an all-time high but they have been at about the same number give or take for the last six days so that's a good sign. we're not going to open an auxiliary hospital. we are going to double up our bed capacity in our existing hospitals if necessary. >> at an all-time high but it's plateaued at the all-time high for six days. how long is that sustainable? that's a high level. >> well, we don't know. we don't know if this is plateau is the beginning of the decline or we don't know if this is just a respite on the way u

masks can't be worn 100% of the time for at least the last three weeks, and he's refused to close cigar barsannot smoke a cigar and wear a mask at the same time indoors. yes, we need the governor to follow the science, do what the doctors are asking him to do. each day we wait, it gets worse, and the cure will be harder on our economy, and more and more people will get sick. so, yeah, we can't -- we can't do it half measures. >> i ask this not knowing where your office is. if you and i took a walk around the block at lunch hour, tell me honestly what percentage of people would we encounter wearing a mask. >> well, in dallas county, virtually all of them because, you know, we have pretty stringent enforcement on that, and it's enforcement through understanding, drilling it in there. we've got emmitt smith on tv telling people it's important. you know, we're doing everything we can to do that, and our restaurants and the things that are still open won't let you in there without your mask. now, unfortunately what happens is when any get into the restaurant, of course, they take off the mask to

restricting day care to only essential workers and closing things like cigar bars. we've got to close places where you cannot wear your mask 100% of the time. >> reporter: so those are steps that the local officials would like to see taken, but so far the governor has maintained control of what can shut down, and what cannot here, in terms of the public health response. that leaves hospitals like this one facing this essentially on their own. the good news, to the degree there is any here in texas, texas does have pretty large hospital capacity. those numbers will likely continue to be tested, as this surge that's going on across the state continues. >> all right, garrett haake live for us in dallas. garrett, thank you. >>> now to another state trying to ramp up its testing capacity. california just announcing that it saw nearly 10,000 new cases of coronavirus on tuesday. so far, it stands behind only new york state, with the second-most recorded cases in the country. the country's largest testing site outside dodgers stadium reopened tuesday, after being closed for

in february of this year, i had my own experience of being racially profiled by employees at the cigar bar. our asian american community has been -- there have been firsthand accounts of hate directed at asian americans from across the country. in san francisco alone, there were more than 172 incidents of hate, all which occurred while sheltering in place rules were in effect. they range from verbal and physical assaults and discriminatory treatment, all dehumanizing, traumatizing and creating tremendous fear and anxiety for residents in san francisco. last month a couple in pacific heights called police on a filipino man accusing him of defacing someone else's property, despite the fact it was his home. in the same month, a couple stopped a latino man from entering the garage of his apartment building in south of market because he didn't look like he belonged there. and, of course, nationally, on may 25, george floyd was -- i'm sorry -- may 25th george floyd was killed because of a phone call accusing him of using a counterfeit bill. and there was a phone call in central park in new york

cigar before the battle of antietam. they were discovered and decoded. he should've known everything about the battle plans, and this was not sufficient. but codes were broken. again, you just move the bar, as some say. our man chisholm, if he -- where there any help of the union army relieving him, or he held out? was told by the lincoln administration his forte would not be reinforced, it would be resupplied. it was running out of ammunition. he had no way to defend himself for much longer. ships returned back from the shelling. there is a great story about anderson, he was allowed to leave. there were casualties. up.rea of the fort blew him, wente flag with on a boat, and went all the way back to new york, center of the universe, even then. he admitted when he was on the ship to new york, he didn't know whether he would be given a court-martial or a parade. guess what? he was given a parade. his flag was put over the equestrian statue of george washington, and 100,000 people came out. then when the seventh regiment, new york's elite regiment marched down broadway to board ships to head to virginia and fight, they passed by a jewelry pediment ofh had a which major anderson was waving

he represented by the prince of the american bar, was one of the men who defended andrew johnson when he was impeached. it's kind of curious that this cigar maker could end up with one of the top lawyers in the nation representing him. that was not the case in lochner. who had just a regular old lawyer representing him who made serious mistakes as we can talk about later. >> so we're going to go to the next part of the story, he appeals his conviction under the bake shop law. >> and then it was a criminal conviction. i think he was actually incarcerated for it. i'm not sure, i think that is true. >> fined $50 the second time. >> but i think he might have not wanted to pay. so that may be why he went to jail. >> what can you tell about the pursuit of it in the new york courts? >> well, after he was convicted he did not actually -- defend himself. he just refused to plea. he said -- his attorney said he refused the plea because the act he was charged with did not constitute a crime. so it was just a vague statement. i think it was because he always intended to take it to the appeals court. that would be the only reason i think he would do t