Because he just hadn’t done enough to bankrupt Austin restaurants and bars, Mayor Steve Adler decreed that would not be allowed to stay open past 10:30 PM on New Year’s Eve:
NOW THEREFORE, I, MAYOR OF THE CITY OF AUSTIN, PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY ORDER,EFFECTIVE AS OF 10:30 P.M. ON DECEMBER 31, 2020, AND CONTINUING THROUGH 6:00 A.M. ON JANUARY 3,2021 THAT IN THE CITY OF AUSTIN:
MODIFIED OPERATIONS FOR DINE-IN SERVICES
SECTION 1. That the findings and recitations set out in the preamble to this ORDER are found to be true and correct and they are here by adopted and made a part hereof for all purposes.
SECTION 2. Modified Operations for Dine-In Food and Beverage Services. Because the wearing of a face covering and physical distancing is not possible while individuals are seated together and dining, thereby increasing the risk of spreading the COVID-19 virus, a business must end indoor and outdoor dine-in food and beverage service at 10:30 P.M. but may continue to operate after 10:30 P.M. using drive-thru, curbside pick-up,take-out,or delivery service. Dine-in food and beverage service may resume beginning at 6:00 A.M.
(All “WHEREAS”es and criminal penalties snipped, because it’s a PDF and all the letters run together into one giant German compound word, and it was a big enough pain reinserting the spaces into the excerpt above.)
The reaction from Texas Governor Greg Abbott was swift:
This shutdown order by Austin isn't allowed. Period.
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. https://t.co/rm00K1bQQl
— Greg Abbott (@GregAbbott_TX) December 30, 2020
Hopefully this clarification about the limits of local government regulation will keep Adler from driving a few more establishments bankrupt…
Tags: Austin, coronavirus, Greg Abbott, Regulation, Steve Adler, Texas, Wuhan
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While I agree with the Governor, what does he plan to do about it? It’s all well and good for Abbott to go on TV and talk, but Adler is still controlling Austin.
The governor can get really creative. If required he could send the State Police into Austin to enforce his EO. If that fails he commands the National Guard in Texas. If the local cops interfere, have them arrested and detained, but I don’t think they’d want to get into that imbroglio.
A judge has ruled in favor of the city of Austin shutdown. We’ll see what happens.
[…] our last installment of As The Lockdown Turns, Austin Mayor Steve Adler had tried to order Austin bars and restaurants […]