Lawsuit blasts requiring virus test in Senate

Texas Agriculture Commissioner Sid Miller and conservative activist Dr. Steven Hotze, a prolific litigant, are suing Lt. Gov. Dan Patrick for requiring COVID-19 tests for entry into the Texas Senate gallery and committee hearings.

In the 18-page suit filed in Travis County court, Miller and Hotze argue the Senate rule violates the Texas Constitution and Open Meetings Act and ask the court to block the rule.

“Gov. Abbott is opening up businesses while Patrick is shutting down the people’s access to their government,” plaintiffs’ attorney Jared Woodfill said in a statement.

A spokesman said Patrick doesn’t vote on Senate rules, “but he agrees with the unanimous decision of the Texas Senate to test in order to protect the public, the Capitol staff who interact with hundreds of visitors every day, as well as members of the Legislature.”

Members of the public wishing to view proceedings must receive a wristband that indicates a negative COVID-19 test. The rule was established to prevent the spread of the virus at the statehouse.

The regulations were approved unanimously by all 31 members of the Republicanmajority Senate. Patrick has recommended they be expanded to the whole Capitol, pointing out that on the Legislature’s opening day, only one person out of 800 objected to being tested upon entry.

“The people know, if we want to have session, if we want to protect lives and life, if we want to conduct the peoples’ business with the least restrictions, then testing is the answer,” Patrick said.

The lawsuit says the Senate rule “unreasonably restricts speech” by mandating a “medical procedure as a prerequisite” and violates the right to free speech guaranteed by the Texas Constitution.

“The constitutional mandate that the legislative session be ‘open’ supersedes any statutory emergency authority that may otherwise apply to the Senate,” the suit reads, noting Hotze had tried to enter March 2 but was denied when he refused a COVID-19 test.

The suit did not say why Hotze did not want the test. It contrasts his experience in the Senate with the rules in the Texas House, which does not require a negative test for entry and has five times as many members. Unlike the Senate, however, the House does require face masks with some exceptions.