Texas bar owners sue Abbott, TABC over shutdown order amid rising COVID-19 cases
A coalition of bar owners filed a lawsuit Monday arguing that Gov. Greg Abbott’s shutdown of bars is unconstitutional and seeks to stop it from being enforced.
In a lawsuit filed in Travis County District Court, more than 20 bar owners and private citizens allege that Abbott’s executive order shutting down bars violates provisions of the Texas Constitution and arbitrarily picks winners and losers.
The lawsuit was filed by Jared Woodfill, a Houston attorney who has led previous legal challenges to Abbott’s orders amid the pandemic. Naming Abbott, the Texas Alcoholic Beverage Commission — the agency that oversees bars’ liquor licenses — and TABC Executive Director Bentley Nettles as defendants, the lawsuit seeks a temporary and permanent injunction to prevent bar owners’ businesses from being closed.
Spokesmen for Abbott and TABC did not immediately return requests for comment Monday afternoon.
On Friday, Abbott took some of his most significant actions yet to curb the recent rise in COVID-19 cases, and ordered bars to close — although they could remain open for to-go and delivery. Bars were previously permitted to operate at 50% capacity.
Rafting and tubing businesses were also ordered to shut down, restaurants were required to reduce their capacity from 75% to 50% and most outdoor gatherings of more than 100 people were banned unless approved by local officials.
At the time, Abbott attributed the rise in COVID-19 cases “largely driven by certain types of activities, including Texans congregating in bars.” It was a point he reiterated in television interviews Monday night.
“Our goal is to make sure that by shutting them down, it will lead to a slowing of the spread of COVID-19 with the goal to make sure they are able to reopen as soon as possible,” Abbott told KDFW-TV in Dallas, noting that it will take between seven to 10 days before the state may see an effect on COVID cases as a result of the shutdown.
Local bar owners in Tarrant County had expressed “utter shock” at having to close down their businesses once again. Bars that had been shut down since the start of the pandemic had clamored to reopen, and were first permitted to open their doors at 25% capacity back in mid-May.
The lawsuit argues that bar owners have been “relegated to Governor Abbott’s loser category and sentenced to bankruptcy,” while other businesses are permitted to remain open.
Movie theaters, gyms, malls and more are still allowed to operate throughout Texas, and Abbott’s executive order notes that personal care businesses, including hair and nail salons, barber shops, tattoo studios, and massage parlors, are exempt from the capacity limit if they can ensure work stations are kept 6 feet apart.
“Clearly, bar owners have less interaction, proximity, or frequency with patrons than beauticians, or cosmetologists, or tattoo artists,” the lawsuit reads.
TABC has previously suspended bars’ licenses to sell alcohol after failing to comply with the 50% capacity limits outlined in Abbott’s order, including some in Fort Worth. Over the weekend, TABC suspended seven more bars’ licenses for 30 days after refusing to immediately cease operations.
The lawsuit argues that Abbott’s order sets a precedent to potentially allow bar owners’ rights to be trampled on in future pandemics.
“Viruses mutate, so there may be a different coronavirus strain next year. Like the flu vaccine, this year’s coronavirus vaccine may not protect against next year’s strain. Will we allow Defendants to set precedent for future governmental remedies related to viruses or diseases?” the lawsuit asks.
“Will we continue to allow Defendants to take away our liberties and destroy the economy — where does it stop?”
This story was originally published June 29, 2020 at 7:44 PM.
