TRAVIS COUNTY, Texas — A district judge Thursday evening ruled against Texas Attorney General Ken Paxton's attempt to block Austin and Travis County from enforcing curfew orders that will prevent dine-in and beverage service between the hours of 10:30 p.m. and 6 a.m from New Year's Eve until Sunday, January 3.
Following the ruling, Travis County Judge Andy Brown issued the following statement:
“My priority during this pandemic is to protect the health and safety of our community. I issued this order based on the advice of our health officials, including Dr. Mark Escott, and the alarming increase of COVID-19 cases in Travis County."
Paxton later announced he has filed an appeal in Austin's Third Court of Appeals.
Earlier this week, citing unchecked spread of COVID-19 and a high number of hospitalizations, Austin Mayor Steve Adler and Judge Brown issued concurrent orders putting those restrictions in place. Adler said the orders were vetted by attorneys and were proper.
On Wednesday, Paxton announced he had filed a lawsuit seeking to block those orders.
“Mayor Adler and Judge Brown do not have the authority to flout Gov. Abbott’s executive orders by shutting down businesses in Travis County and our state’s capital city,” Paxton said. “The fact that these two local leaders released their orders at night and on the eve of a major holiday shows how much contempt they have for Texans and local businesses. They think breaking the law is a game of running the clock before anyone can do anything about it. Texas is a law-and-order state, and these are people's lives and livelihoods that are at stake. I’ll continue to defend them against the arbitrariness of the mayor and county judge.”
My team and I are preparing decisive action against @austintexasgov and @TravisCountyTX. They issued their illegal shutdown orders late last night, right before a holiday in a shameless attempt to game the system and run the clock.
— Texas Attorney General (@TXAG) December 30, 2020
We won’t let them.https://t.co/icQHiHEdD2
Travis County this week surpassed 50,000 total cases of COVID-19.
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 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.”
Gov. Greg Abbott's office released a statement insisting restaurants should stay open.
"The Governor's statewide executive order allows food establishments to be open for in-person dining on New Year's Eve as authorized by the Texas Alcoholic Beverage Commission. They should remain open. Happy New Year!"
Paxton's office has already filed an appeal in the Austin-based Third Court of Appeals.
