Ken Paxton Sues After Austin Bans Late On-Site Dining For New Year's Weekend Amid COVID-19 Surge

Texas Attorney General Ken Paxton said Wednesday that he has sued the City of Austin and Travis County, a declaration that came a day after local leaders declared new restrictions for when restaurants and bars can serve customers during New Year's weekend.

Paxton filed a petition for temporary injunction and a temporary restraining order in Travis County District Court targeting orders made by Austin Mayor Steve Adler and Travis County Judge Andy Brown. Citing an increase in COVID-19 cases, they announced that dine-in food and beverage service must be restricted indoors and outdoors from 10:30 p.m. to 6 a.m., starting Thursday and ending at 6 a.m. Sunday. The measure did allow drive-thru, curbside pick-up, take out, or delivery services.

“Mayor Adler and Judge Brown do not have the authority to flout Gov. [Greg] Abbott’s executive orders by shutting down businesses in Travis County and our state’s capital city,” said Paxton in a statement. “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."

Announcing the restrictions for Austin at a Wednesday morning news conference, Adler said the order — which carries a maximum $1,000 fine but no jail time — doesn't violate state regulations because it’s “just an operational constraint.” He added that “the reason that we are doing this is because it focuses on the activity where people are together without wearing masks.” Both the mayor and the county judge said they deemed the measure necessary given the increase of cases in the area.

Read more: https://www.kut.org/covid-19/2020-12-30/ken-paxton-sues-after-austin-bans-late-on-site-dining-for-new-years-weekend-amid-covid-19-surge