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Texas Attorney General Ken Paxton (right) sued the city of Austin on Wednesday to prevent it from enforcing a temporary ban on in-person dining and drink restrictions in place during the New Years holidays.
the suit is asking Travis County District Court for a temporary injunction and restraining order to prevent Austin Mayor Steve Adler (R) and Travis County Judge Andy Brown from enforcing the restrictions.
Paxton argues that the restrictions violate an executive order of Texas Gov. Greg Abbott (R) that states that “every business establishment in Texas must operate” under certain protocols, but with no limits on hours of operation.
Adler and Brown imposed an emergency shutdown on Tuesday, banning indoor and outdoor food and beverage services between 10:30 p.m. and 6 a.m. The order went into effect Thursday and will remain in effect until ‘to January 3.
Paxton previously sent a letter to Adler and Brown asking them to change or reverse the restrictions or “face imminent legal action from the state.”
In one declaration On Wednesday, Paxton said officials “had no power to flout” Abbott’s order.
“The fact that these two local leaders posted their orders on the night and on the eve of a major vacation shows how much they despise Texans and local businesses.”
Adler said in a written statement Thursday that the restrictions did not violate Abbott’s order, according to the Austin American-statesman.
“We believe that communities have the power to protect themselves when the state does not,” Adler said, according to the newspaper. “We also believe that our orders do not violate the governor’s rules. Tomorrow a court will decide. Whatever happens, we are trying to save as many lives as possible and we are following medical and scientific advice.”
The Hill has contacted Adler’s office for comment.
There have been 50,194 COVID-19 infections in Travis County since the start of the pandemic and 548 deaths.
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