State, Austin clash over city’s latest Newyear restrictions
Texas Attorney General Ken Paxton is suing the Austin over newrestrictions placed on dine-in services over the four-day New Year’s holiday as the city’s COVID-19 cases hit new highs.
Austin’s restrictions, which Mayor Steve Adler announced Tuesday night, limit indoor and outdoor dine-in food and beverage services after 10:30 p.m. to 6 a.m. Restrictions are in effect from Dec. 31 through Jan. 3, and don’t prohibit contactless services like takeout and curbside pickup.
Onwednesday evening, Paxton said local leaders did not have the necessary authority to impose the restrictions and sought to halt their enforcement by filing a petition for a temporary injunction and temporary restraining order in Travis County District Court.
“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,” Paxton said of Adler and Travis County Judge Andy Brownina statement. “They think breaking the law is a game of running the clock before anyone can do anything about it.”
Earlier Wednesday, Paxton warned Adler and Brown in a letter that the state would pursue legal action if they did not rescind or modify the directive to comply with Gov. Greg Abbott’s most recent executive order.
After Adler’s initial announcement, Abbott expressed displeasure with city leaders on social media.
“This shutdown order by Austin isn’t allowed. Period.” Abbott tweeted Tuesday. “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.”
The city’s order calls any violation a criminal offense, punishable through enforcement “except as limited by state order.” Violators face a fine of up to $1,000. During a Wednesday press conference, Adler said the city’s “narrowly-tailored” restrictions follow the governor’s executive order.
Austin’s new restrictions come as local leaders grapple with the steep rise in cases that coincided with the holidays and attempt to ward off another surge in the days ahead. Cases have increased 80 percent since Dec. 1, interim Austin-travis County health authority Dr. Mark Escott said, and ICU capacity in the county’s hospitals has dropped sharply.
“The city of Austin and Travis County are headed for a dire situation,” Escott said Wednesday.
Adler acknowledged that local restaurants will take an economic hit with the latest orders and asked residents to continue supporting small businesses over the holiday weekend through contactless services.
But with hospitals in the county quickly approaching maximum capacity, Adler said local leaders are all relying on a sense of urgency to motivate residents to comply with the latest holiday restrictions.
“When you sit across the table from someone not wearing a mask, it’s dangerous,” Adler said, adding that the order is meant to limit community spread as much as possible.