TRAVIS COUNTY, Texas — As cases of COVID-19 increase and available hospital beds dwindle, Austin and Travis County have issued new orders limiting dine-in service at restaurants beginning on New Year’s Eve.

The four-day orders - which only apply to those businesses serving food or drink from an onsite kitchen, food truck, or catering service -  ban dine-in food and beverage service between 10:30 p.m. and 6 a.m. The orders do not apply to takeout or delivery service. 

The orders will go into effect on Thursday, December 31 at 10:30 p.m. and end on Sunday, January 3 at 6 a.m.

“The situation is critical,” said Dr. Mark Escott, Interim Austin-Travis County Health Authority. “We are asking the public to stay home as much as possible and not gather with people outside their households for New Year's Eve. We are asking people to only go out to restaurants for take away, delivery, or drive through services.  We are now experiencing uncontrolled widespread community transmission of COVID-19, particularly in circumstances where masking and distancing are not possible, making bars and similar establishments extremely concerning over this holiday weekend.” 

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According to a release, violation of the orders is a criminal offense that could result in a fine of up to $1,000.

However, Gov. Greg Abbott disagrees and believes Austin and Travis County exceeded their authority in instituting the orders, tweeting, “This shutdown order by Austin isn't allowed. Period. My executive order stops cities like Austin from arbitrarily shutting down businesses. The city has a responsibility to enforce existing orders, not make new ones.”

This shutdown order by Austin isn't allowed. Period.

My executive order stops cities like Austin from arbitrarily shutting down businesses.

The city has a responsibility to enforce existing orders, not make new ones. https://t.co/rm00K1bQQl

— Greg Abbott (@GregAbbott_TX) December 30, 2020

Texas Attorney General Ken Paxton echoed Abbott, tweeting, “The City of Austin and Travis County orders enacting a four-day shutdown of dine-in food and beverage services violate @GovAbbott’s Exec Order GA-32. They must rescind or modify their local orders immediately.”  

The City of Austin and Travis County orders enacting a four-day shutdown of dine-in food and beverage services violate @GovAbbott’s Exec Order GA-32.

They must rescind or modify their local orders immediately.

— Texas Attorney General (@TXAG) December 30, 2020

Austin Mayor Steve Adler said the orders were vetted by attorneys and is appropriate.

Travis County is currently reporting 4,687 active cases of COVID-19, 434 hospitalizations for the virus, and 138 people in intensive care units. Dr. Escott this week said the region is poised to enter 2021 “in a state of emergency.”