AUSTIN, Texas — A court on Thursday will decide whether Austin-Travis County's dine-in curfew can be enforced, according to Austin Mayor Steve Adler.
"Ultimately, this question will be decided by a court tomorrow. My hope is that the court allows the order to go forward," said Mayor Adler in an interview with KVUE on Wednesday. "But even if it goes the other way, we will have tried."
This most recent order restricts dine-in services from 10:30 p.m. to 6 a.m. from Dec. 31 to Jan. 3, around the New Year holiday, in an effort to slow the spread of the coronavirus.
Some bar owners told KVUE they don't have a problem with the orders, while others feel it's another big event and boost of cash for small businesses that's being taken away.
The order
The order that is being enforced at both the City and Travis County level restricts all dine-in food and beverage services from 10:30 p.m. to 6 a.m. It only applies to businesses that serve food or drink, while all other businesses can continue to operate as outlined in previous COVID-19 orders.
Witnesses can report suspected violations to Austin 311 and a violation of the order is a misdemeanor punishable by a fine of up to $1,000.
"We think that it's proper and necessary," Mayor Adler said on Wednesday. "Quite frankly, it's what we need to do in order to keep the community safe. The number of people in our ICUs has gone up almost 70% since Dec. 21, in just over a week."
But the orders were quickly met with opposition on the state level.
Gov. Greg Abbott tweeted on Tuesday night about the order, saying in part, "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."
Following the tweet, the Texas Attorney General's Office called the order a violation, adding Austin and Travis County must "rescind or modify their local orders immediately."
On Wednesday evening, the office announced it had filed a lawsuit against the City of Austin and Travis County.
What some bar owners say
It's no new headline the pandemic has shut down a lot of businesses, including restaurants and bars, some shut down for good.
Many bars have reopened using a loophole to operate as restaurants.
For longtime neighborhood bar The Tavern, it was able to open back up in August with a restaurant license from the Texas Alcoholic Beverage Commission.
"I think we have pretty much two-thirds of our employees back," said co-owner Shannon Sedwick. "And we've actually had to add some new people because there's still a lot of people looking for jobs."
She adds that since reopening, they've enacted a long list of safety guidelines that Austinites are familiar with: requiring masks when you're not sitting at a table and 50% capacity indoors, among other things.
"We just want to be able to be a place where people can enjoy the last of this horrible year and toast in the new one and then go home and be safe," Sedwick said.
The Tavern originally had plans to stay open past 10:30 p.m., but staff say they'll comply with the local orders.
"I totally understand where the City and the County is coming from," she said. "I think Austin is obviously trying to do what it can do for its constituents, for the people that live here. And the numbers are going up higher and higher. So I just I think we should definitely do what they are asking us to do."
Opposition
The Texas Bar and Nightclub Alliance (TBNA), which is made up of bar owners from big cities around Texas, believes the local orders are a step too far.
Michael Klein, the president of the TBNA, told KVUE in a statement, "Please refer to Gov. Greg Abbott's statement regarding the City of Austin and Travis County's unlawful restrictions on local businesses. TBNA encourages mixed beverage license holders across the state to adhere to current State regulations under GA-32."
KVUE also spoke to Joe Monastero, the chief strategy and operations officer for the Texas Restaurants Association.
"To take a industry that has been the hardest hit throughout the entire pandemic and 48 hours before the last big weekend of the year, their last chance [to] just make a little bit more money in a year that's been so challenged, it's just one more gut punch that they don't need, and one more example of the local administration showing a lack of support to small businesses," Monastero said.
He adds he believes the system set up by Gov. Abbott’s executive orders established a set standard statewide.
"You know, restaurants having been always one of the most heavily regulated industries for health, safety and sanitation, having stepped up their game the last 10 months, following all the additional protocols that have been required of them to reopen, making sure that it's a safe environment for themselves, for their employees, for their customers," Monastero said. "To say to these people, 'You must leave by 10:30,' especially on New Year's Eve, what we're effectively watching happen is say, 'Please leave these safe, regulated environment that's been created for you, go to an unregulated space.'"
With years of experience in the restaurant industry, Monastero added he believes cutting off restaurants and bars even a few hours short can make a big difference for an establishment on New Year's Eve.
The Decision
On Dec. 31, a Travis County district judge sided with the City of Austin to keep the New Year holiday restrictions on dine-in services at Austin-Travis County bars and restaurants.
Travis County Judge Andy Brown Released the following statement regarding today’s court ruling pertaining to County Judge Order 2020-24:
“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. Today’s ruling will help our community slow the spread of COVID-19, while allowing businesses to safely continue their operations through takeout, drive-thru, and delivery service options. I encourage everyone in Travis County to order food for takeout from a local restaurant and to celebrate the New Year safely at home tonight.”
Read the full order from District Judge Amy Clark Meachum here.
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