Greg Abbott And Ken Paxton Tell Austin Restaurants To Defy COVID-19 Order Banning Overnight Dine-In Services
A judge ruled Austin and Travis County can restrict on-site dining overnight from Thursday until Sunday. Gov. Greg Abbott says restaurants should ignore the curfew.
By Juan Pablo Garnham And Abby Livingston
Gov. Greg Abbott directed restaurants to ignore local curfews — specifically in Travis County — that were implemented to mitigate the spread of the COVID-19 virus on New Year’s Eve.
“To Texas restaurants. A formal statement. ‘The Governor’s statewide executive order allows food establishments to be open for in-person dining on New Years Eve as authorized by the Texas Alcoholic Beverage Commission. They should remain open. Happy New Year!’ Cheers!” Abbott wrote on Twitter at 7:39 p.m., just within three hours before the Austin-area curfew was to go into effect.
Earlier in the day, a Travis County District judge upheld Austin’s curfew restricting when restaurants and bars can serve customers during New Year’s weekend, after Texas Attorney General Ken Paxton sued the city and Travis County to stop the measure.
“The Court finds the State has not demonstrated a probable right to the relief sought nor imminent and irreparable harm,” said Amy Clark Meachum, presiding judge of the 201st District Court.
But even as Abbott told business owners to disregard that ruling, late Thursday night the Texas Third District Court of Appeals denied an appeal from Paxton over Meachum’s ruling.
“I’m not a lawyer, but… This appears to me to be a response to @KenPaxtonTX’s latest court defeat and it appears our Governor, who is a former AG and Supreme Court Justice, is telling the public to defy the ruling of a Texas District Judge. *Please* tell me I’m wrong,” wrote Democratic state Rep. Chris Turner of Grand Prairie on Twitter.
It all started when citing an increase in COVID-19 cases, Austin Mayor Steve Adler and Travis County Judge Andy Brown announced on Tuesday that dine-in food and beverage service is restricted both indoors and outdoors from 10:30 p.m. to 6 a.m., starting Thursday and ending at 6 a.m. Sunday. The measure does allow restaurants to offer drive-thru, curbside pick-up, take out, or delivery services.
Paxton’s office was quick to appeal the ruling.
“Today I filed an appeal in the Austin-based Third Court of Appeals, urging the court to halt enforcement of Austin Mayor Steve Adler’s and Travis County Judge Andy Brown’s unlawful shutdown orders,” the attorney general’s office tweeted just after 8:00 p.m.
Restaurants are currently allowed to operate with occupancy limitations indoors in Texas, and more than 2,500 bars and nightclubs have reopened by converting to restaurants, offering food and committing that alcohol sales are less than half of their revenue.
“Today’s ruling will help our community slow the spread of COVID-19, while allowing businesses to safely continue their operations through takeout, drive-thru, and delivery service options,” Brown said on a statement. “I encourage everyone in Travis County to order food for takeout from a local restaurant and to celebrate the New Year safely at home tonight.”
The team of lawyers representing the state argued that Austin’s order contradicted the emergency orders issued by Texas Gov. Greg Abbott, which established the rules for operation of businesses and occupancy restrictions.
“There is a direct conflict here. Only one order can control and we’ve explained why the governor’s order is the one that should prevail,” said Todd Dickerson, part of the team that represented the state of Texas.
But the attorneys for the city of Austin and Travis County argued that their order is within the limits established by Abbott because it does not stop businesses from operating — it only restricts the way they provide service. Under the curfew, patrons are not ordered to leave at 10:30 p.m., but they could not be served on-site.
“It is our position that these local officials are in the best position to make the best decision for this jurisdiction,” said Travis County attorney Leslie Dippell. “In other words, one size does not fit all.”
The city and the county attorneys also asked Clark Meachum to consider the “public interest” and brought in Mark Escott, interim health authority and public health medical director for the City of Austin and Travis County, as a witness.
“The risk is not really theoretical anymore, because we saw what happened in New Orleans after Mardi Gras, we saw what happened in Boston and other places for St. Patrick’s Day,” Escott said. “Those kinds of activities surrounding special events can really create uncontrolled surge and we want to avoid that here.”
Escott said since Dec. 1, COVID hospital admissions are up 127% and ICU bed occupancy has increased 94% in Austin and Travis County.
Previously, Abbott tweeted that Adler didn’t have authority to issue a local order.
“My executive order stops cities like Austin from arbitrarily shutting down businesses,” he said. “The city has a responsibility to enforce existing orders, not make new ones.”
Earlier this week, the Texas Restaurant Association called on Austin businesses to follow Abbott’s guidance and said that “a curfew is not allowed.”
“Restaurants are deeply invested within their communities, and so they continue to do all they can to prevent the spread of COVID-19, often at tremendous cost,” the organization said on Twitter. “Closing indoor dining will not prevent holiday celebrations; it will simply move them from highly regulated businesses into completely unregulated spaces at a critical time in our COVID-19 response.”
Besides Austin, El Paso County has also ordered a similar curfew for this weekend, as it did for Thanksgiving and Christmas. The county has banned all social activities — including restaurant dine-in services — from 10 p.m. to 5 a.m. between Dec. 30 and Jan. 4 but allows take out and drive-thru service. After he set the Thanksgiving curfew, El Paso County Judge Ricardo Samaniego said that he took action after what he said was a “favorable” discussion with Abbott’s office and a representative from the Texas Attorney General’s office.
The U.S. Centers for Disease Control and Prevention has warned Americans to avoid crowds and poorly ventilated indoor spaces and recommended that people stay at home for New Year’s Eve or celebrate virtually.
This story originally published by the Texas Tribune.
Ladies & Gentlemen… We have a Civil War on our hands. Let’s hope it remains a peaceful fight. — But now is the time to consider your values & take a side.
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“I wont wear a mask because the orange turd collectively flushed by the american public said I don’t have to.”
Get f****d Robert Holeman and retard crew. Start something you have no hope of finishing.
Well the Texas Supreme Court quickly smacked down Adler anyone else that might consider similar actions. So, I do believe we are going to have a 10th Amendment fight once Biden tries to implement his national 100-day mask order. — Thus, the Civil War continues.
AG office is pretty much rocking my world these days. Especially with the Michigan, Georgia, Pennsylvania and Wisconsin lawsuits. Too bad the Republicans in Washington must have dirt in their history because they refuse to stand with our President. And, more importantly with the voters. The President had thousands of supporters at his rallies. The other guy, about five pumpkins. It will all come out in the “wash” im sure. Regardless of which political party you are affiliated with, I’m sure we can all agree voter fraud is a bad deal for all Americans. I’m still confused how gender studies in another country are supposed to be good for hard working Americans?
For the record: I do not eat out. But, I stand with the AG office and small businesses. My homemade granola recipes are now becoming epic. Tasty unlike the nuts in Washington who think a banana republic is a clean win. Btw, smashed bananas in granola is one of my secrets to the granola recipe.
Boot those Republicans who are standing silent out of office – This means you Ted if you can’t get with it.
Well said.
Yesterday, I’m in HEB. I have a drink in hand and want my kids to hear me clearly. So, I’m not wearing my mask. And let’s face it, Rona isn’t anything HEB hasn’t already been dealing with for decades.
Then as we are picking up the last couple of items and older gentleman asks if anyone has challenged me regarding the mask. I just kind of stare at him and shrug. He asks if I don’t care and I admit 10 months into this I do not. Nothing has stemmed the spread. I ask how its possible that flu has dropped to nothing levels but Rona rages when both viruses are the same size, same transmission path, and same symptoms. He says the experts say so. I remind him that the “Experts” have covered the entire spectrum of possibilities. Left, right, and in between. And that I feel my kids and I are the fast track to herd immunity. — These are all canned replies built and refined over the past 10 months. But something was missing.
It dawned on me this morning as I’m doing house chores. The entire conversation could have been different. At no point did either of us stop to introduce ourselves. I pointed to my kids and asserted they can help keep him safe. But he never thought of my family.
Had I slowed it down. Maybe had he approached me differently, I should have asked his name. We could have, should have become neighbors. San Marcos is a community. And in this community we are “all in this together.” We need each other to build a home for everyone.
Will I mask up? Nah. That ain’t happening. And increasingly I’m diverting my business to companies that refuse to enforce restrictions. They’ve shown they care about their own survival. But while I’m not offering anything to the Rona fearful, I’m not asking for anything either. I just want to live life, a real life, in a community that is willing to accept a bit of risk to secure the freedom of all.
I had a gentlemen approach me without a mask. I identified that I’m an at risk individual and that I have a conceal carry. I also informed him that I am now letting him know that I’m standing my ground. I will use deadly force to protect myself if he does not put on a mask. He says it is his right to not wear a mask. I said “I’m standing my ground” and I shot him. And called 911 and told them I was standing my ground. This is all made up but some of you are just stupid.