Texas Attorney General Ken Paxton (R) sued the city of Austin on Wednesday to prevent it from enforcing a temporary ban on personal food and drink restrictions over the New Year holidays.
The business suit The Travis County District Court is seeking a temporary injunction and restraining order to dissuade Austin Mayor Steve Adler (D) and Travis County Judge Andy Brown from imposing the restrictions.
Paxton argues that the restrictions are in violation of an executive order from Texas Governor Greg Abbott (R), which states that “any Texas branch will operate” under certain protocols, but without restrictions on opening hours.
Adler and Brown imposed an emergency stop on Tuesday, banning eating and drinking indoors and outdoors between 10:30 PM and 6 AM. The order went into effect Thursday and will remain in effect until January 3.
Paxton earlier sent a letter to Adler and Brown to ask them to amend or revoke the restrictions or to “await imminent legal action from the state.”
In a statement On Wednesday, Paxton said officials “do not have the authority to disobey Abbott’s order.”
“The fact that these two local leaders released their orders at night and on the eve of a big holiday shows how much they disdain for Texans and local businesses.”
In a statement to The Hill, Adler said the warrant was issued with conditions from similar warrants in El Paso and San Antonio that Abbot had not previously challenged.
He noted that doctors implored him and Judge Brown to “do everything we can to prevent people from being exposed around others outside their households.”
“We believe cities have the authority to respond to local conditions and protect their residents when the state does not want to. We also believe that our orders do not violate the governor’s rules,” said Adler. “We are both making independent arguments. Regardless of how the court finds, each of us must individually decide what to do to best protect our neighbors and save lives.”
Adler noted that ICU use has increased 70 percent in the past nine days, adding that there are about 60 well-staffed ICU beds left in Austin / Travis County.
There are 50,194 COVID-19 infections in Travis County since the pandemic began, and 548 dead.
Updated at 12:36 PM