Texas Attorney General Ken Paxton (R) sued the city of Austin on Wednesday seeking to stop it from enforcing a temporary ban on in-person dining and beverage restrictions in place over the New Year’s holiday.
The suit asks the Travis County District Court for a temporary injunction and restraining order to keep 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 Texas Gov. Greg Abbott (R) that says “every business establishment in Texas shall operate” under certain protocols, but without limits on hours of operations.
Adler and Brown imposed an emergency shutdown on Tuesday, banning indoor and outdoor dine-in food and beverage services between 10:30 p.m. and 6 a.m. The order took effect Thursday and will remain in effect until Jan. 3.
Paxton previously sent a letter to Adler and Brown asking them to modify or rescind the restrictions or “face imminent legal action from the state.”
In a statement on Wednesday, Paxton said the officials “do not have the authority to flout” 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 contempt they have for 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 challenged.
He noted that doctors pleaded for him and Judge Brown to do “whatever we can to limit people being unmasked around others not in their households.”
“We believe cities have the authority to react to local conditions and protect their residents when the state won’t. We also believe our orders do not conflict with the Governor’s rules,” Adler said. “We are making both of these independent arguments. Regardless of how the court rules, each of us, individually, has to decide what we’re going to do to best protect our neighbors and save lives.”
Adler noted that there was a 70 percent increase in ICU use over the last nine days, adding that there are about 60 properly staffed ICU beds left in Austin/ Travis County.
There have been 50,194 COVID-19 infections in Travis County since the pandemic began, and 548 deaths.
Updated at 12:36 p.m.