(Emma Freer/Austonia)

Another part of Phase 3 of Gov. Greg Abbott's plan to reopen Texas goes into effect today, which means restaurants can open up to 75% of their full capacity.


The governor's office is staying the course on its reopening plan, even as both new cases and hospitalizations rise locally and across the state.

A portion of Phase 3 was initiated on June 3 when Abbott first announced the executive order. Meanwhile, Mayor Steve Adler and local health officials spoke out this week as new COVID-19 cases surged, showing triple-digit growth, and the city saw an increase in average daily hospitalizations.

The timeline of Phase 3 is as follows:

Effective June 3:

  • All businesses currently operating at 25% capacity can expand their occupancy to 50% with certain exceptions.
  • Bars and similar establishments may increase their capacity to 50% as long as patrons are seated.
  • Amusement parks and carnivals in counties with less than 1,000 confirmed positive cases may open at 50% capacity.
  • Restaurants may expand their maximum table size from 6 to 10 persons.

Effective June 12:

  • Restaurants may expand their occupancy levels to 75%.
  • Counties with 10 or less active COVID-19 cases may expand their occupancy limits to 75%.

Effective June 19:

  • Amusement parks and carnivals in counties with more than 1,000 confirmed positive cases of COVID-19 may open at 50% capacity.

The order included special standards for outdoor gatherings and celebrations, such as the Fourth of July, relegating those regulations to local officials. It also reminded people to wear face coverings, avoid groups greater than 10 people and avoid nursing homes.

(Clint Broden)

Daniel Perry, who says he shot and killed Austin protester Garrett Foster in self-defense, released photos of his car through his attorney on Monday.

Daniel Perry, the active-duty Army sergeant who says he shot Black Lives Matter protester Garrett Foster in self-defense, was driving for Uber when he accidentally encountered the demonstration on the night Foster was killed, his attorney said Monday.

Perry, who is stationed in Killeen and only allowed to travel 100 miles from base, was not in Austin that night to attend the demonstration, attorney Clint Broden said, but because it "was the closest location that had significant ridesharing customers."

Broden also shared a redacted version of Perry's bank statement that shows two deposits from Uber that he said correlated to runs in Austin that night. Perry has been ordered to remain on base since the shooting, Broden said.

"We hope this puts to rest the allegations that Sgt. Perry traveled to Austin for any nefarious purpose," he said.

Some, including Foster's mother, have pointed to Perry's since-deleted Twitter account as evidence that he disagreed with BLM protesters and showed up at the rally to cause trouble.

The release was accompanied by six photos showing what the attorney described as the damage inflicted on Perry's car by protesters, including a bullet hole.

After Perry shot Foster, who was carrying an AK-47 and whom Perry claims was raising his rifle "in a direct threat to [his] life," another person in the crowd shot at Perry's vehicle, according to police. That person has not been publicly identified. Like Perry, he or she had a concealed carry license and was questioned and then released by the Austin Police Department.

Protesters arrested

On Saturday, in the wake of Foster's death and the release of Perry's name the day before, protesters and law enforcement clashed in demonstrations near downtown. Austin police on Monday released the names of 40 people arrested at the protests. The most common charge was obstruction of a highway.

Perry's attorney shared photos that he says show damage inflicted by protesters 

Perry's lawyer claims this photo shows where the vehicle was scraped with a brick.

(Clint Broden)

This photo, the lawyer says, depicts bullet holes.

(Clint Broden)

Perry's lawyer claims this photo shows hood damage "identified by auto body shop as a result of banging."

(Clint Broden)

This photo, the attorney claims, shows a misaligned door where people hit the vehicle.

(Clint Broden)

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