Texas Attorney General Ken Paxton (R) sued the city of Austin on Wednesday, seeking to prevent it from imposing a temporary ban on meals and drinks in person during the New Year holiday.
O Tuxedo asks the Travis County District Court for a temporary injunction and restraining order to stop Austin Mayor Steve Adler (D) and Travis County Judge Andy Brown from enforcing the restrictions.
Paxton argues that the restrictions violate an executive order from the governor of Texas, Greg Abbott (R), who says that “all commercial establishments in Texas must operate” under certain protocols, but with no limit on hours of operation.
Adler and Brown imposed an emergency stoppage on Tuesday, banning food and beverage services indoors and outdoors between 10:30 pm and 6 am. The order went into effect on Thursday and will remain in effect until January 3.
Paxton previously sent a letter to Adler and Brown, asking them to modify or terminate the restrictions or “face the state’s impending legal action.”
On a declaration on Wednesday, Paxton said the authorities “have no authority to disrespect” Abbott’s order.
“The fact that these two local leaders released their orders at night and on the eve of a major holiday shows how much they despise Texans and local businesses.”
In a statement to The Hill, Adler said the order was issued with terms taken from similar orders in El Paso and San Antonio that Abbot had not previously contested.
He noted that doctors begged him and Judge Brown to “do everything we can to limit people to be unmasked around others who are not at home”.
“We believe that cities have the authority to react to local conditions and protect their residents when the state does not. We also believe that our orders do not conflict with the governor’s rules,” said Adler. “We are making these two arguments independently. Regardless of how the court decides, each of us individually has to decide what to do to better protect our neighbors and save lives.”
Adler noted that there has been a 70 percent increase in ICU use in the past nine days, adding that there are about 60 ICU beds with adequate staff remaining in Austin / Travis County.
There were 50,194 COVID-19 infections in Travis County since the pandemic began, and 548 deaths.
Updated at 12:36 pm