Texas Supreme Court Orders Austin Restaurant Curfew Halted

AUSTIN, TX — The Texas Supreme Court late Friday blocked a local order from being implemented that restricted hours of dine-in service — essentially a restaurant curfew — as a method of thwarting spread of the coronavirus.

The curfew announced earlier this week prompted Attorney General Ken Paxton to immediately sue first in district court. Paxton and Gov. Greg Abbott painted the dual local orders as a full-fledged shutdown rather than a shortening of restaurants' hours of operation, claiming the move by Austin Mayor Steve Adler and Travis County Judge Andy Brown ran afoul of a previously issued gubernatorial order.

The district judge disagreed, allowing the order to be implemented on Thursday. Paxton then petitioned the Third Court of Appeals, which upheld the earlier ruling, before proceeding to the Texas Supreme Court — composed of Republican judges — which sided with the state in ruling that Austin and Travis County must suspend the local order that was to be in effect until Sunday. Area officials had sought to curtail large gatherings during the New Year holiday period to help thwart the spread of illness.

Read a copy of the Texas Supreme Court order here

Paxton expressed gratitude to the high court in a prepared statement: "We thank the Supreme Court of Texas for upholding the rule of law. Local declarations cannot order needless shutdowns in conflict with the governor’s order, and these orders demonstrated blatant contempt for the citizens and businesses of our great state,” Paxton said. “The court was right to end these oppressive, illegal city and county declarations and I wish every Texan and Texas business a happy and safe New Year.”

For his part, the county judge expressed disappointment in the high court's decision, saying in a prepared statement that the ruling "...limits our ability to slow the spread of COVID-19 in our community."

Previous coverage:

• Judge Okays Austin Restaurant Curfew, State Suit Rejected
  
• Restaurant Curfew Issued In Austin Amid Coronavirus
• AG Paxton Sues Austin Over Restaurant Industry Pandemic Curfew

Travis County is currently under Stage 5 alert level for the respiratory illness — the highest in a five-tiered advisory table that is colored red for further impact to indicate uncontrolled community spread of the contagious disease.