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New Year’s Eve city curfew falls in line with governor's order to not shut down cities, Austin officials say

In response to the continued spike in COVID-19 cases and concerns over hospitals reaching capacity, Austin-Travis County leaders officially announced plans to implement a three-day curfew on dine-in food and beverage establishments to discourage large gatherings during New Year's weekend.
In a written statement, Mayor Steve Adler announced that restaurant and beverage operations are expected to close their dining rooms between the hours of 10:30 p.m. and 6:00 a.m. The curfew will be in place beginning Dec. 31 and continuing through Jan. 3. Violation of this order could result in a misdemeanor and a fine of up to $1,000.
Under the curfew, venues may still operate between 10:30 p.m. and 6 a.m. using drive-thru, curbside pick-up, take-out or delivery services, according to the statement.
Austin officials are encouraging residents to take advantage of takeout and delivery services to support businesses, as New Year's Eve is normally one of the busiest nights of the year.
Despite the order not requiring a total shutdown, Texas Gov. Greg Abbott responded in a tweet yesterday saying: "This shutdown order by Austin isn't allowed. Period."
The Texas Attorney General's Office backed the governor by tweeting the "shutdown" is a violation of Abbott's Executive Order GA-32. The office added that Austin-Travis County "must rescind or modify their local orders immediately."
During a press conference on Wednesday, Adler said the curfew does not violate Abbott's Executive Order because it is an "operational constraint" and does not require restaurants and bars to shut down.
"The reason that we're doing this is because it focuses on the activity where people are together without wearing masks, and that's what the experts tell us is the single biggest point of potential risk," Adler said. "We have a narrowly tailored order with an emphasis on operational change."
Adler also said the order will be enforced with officers on patrol throughout the nights the curfew is in effect. However, he emphasized that the city cannot enforce its way to flattening the curve and the city is asking residents and businesses to do the right thing for their community.
"(Restaurants are) getting hit much greater than most other industries in the city," Adler said. "The people in these businesses are taking a severe and significant financial hit for the greater good and we as a community can help mitigate that."
With a 200% increase in hospitalization since the beginning of the month and ICU utilization up 50% in the last eight days, Austin-Travis County Interim Health Authority Dr. Mark Escott said he is worried that Austin will enter the new year in a state of emergency.
"We're asking people to do the right thing," Escott said. "We're asking people to love your neighbors and to not hold those parties which we know are dangerous. We're in a time where we have to limit the risk as much as we can to avoid an overwhelming surge, where by the end of January we need 1,500 hospital beds and more than 500 ICU beds that we just don't have."
This story was updated to include details from the press conference earlier today.
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The Montopolis Dollar tree, run by one employee, closed earlier this month only after an AC specialist said it was unsafe. (Claire Partain)
It's been a few weeks since a viral TikTok revealed poor working conditions at the Montopolis Dollar Tree in southeast Austin, and employee Maggie Lopez is still feeling its effects.
Lopez was filmed working alone at the location May 1 in a since-deleted video that saw 2.9 million views and over 450,000 likes.
In the video, stacked boxes littered the floor, shelves were left unstocked and a leaky, broken air conditioning unit welcomed customers into the understaffed storefront.
@trishmartinez32#x_bazan06#fyp#fypシ#tiktok#friends#like#comment#4upage#4u#share#viralvideo#trending#wow#4upageシ♬ original sound - Patricia Martinez
Lopez, who now works at the dollar store's Springdale location, says she was left with the aftermath of a 90-hour workweek, lost wages and a mystery illness after the store closed a few days later.
"Nobody ever told me... that there was no air conditioning. They didn't tell me there was danger of getting robbed," Lopez told Austonia. "Nobody said anything... they didn't care."
The location didn't shut its doors because of the TikTok exposure: instead, an AC unit specialist doing routine maintenance found employees working in extreme heat and said it was too hot for employees to continue working.
"To operate a business, you have to have your temperature within a certain parameter," Ikaika, the specialist who didn't disclose his full name to protect his job, told Austonia. "As soon as you walk in, you start sweating... it's not good at all."
Lopez said working in 90+ degree heat became the norm in her two months at the location as air conditioning units remained broken for months before the closure. She added some employees, including her former manager and several customers, passed out in the store due to the heat. But she said company leadership remained unresponsive.
Lopez said she sent her district manager, Veronica Oyervides, screenshots of 90+ degree temperatures inside the store. (Maggie Lopez)
Four days after the air conditioning repairman told employees they should no longer keep working at the store, Lopez said her district manager, Veronica Oyervides, was asking her to come back in to prep the location for reopening. Lopez worked May 8 in the shuttered store prepping it for a reopening, which has yet to happen. Oyervides has declined to comment.
Ever since she started working in the deteriorating Dollar Tree, Lopez said she often wakes up with nosebleeds. She said she's constantly thirsty, her hands shake, and she's experiencing headaches and mood swings—symptoms she believes are due to long-term exposure to mold.
Former assistant manager Linnea Bradley told Austonia she has been hospitalized with symptoms linked to heat and stress after working at the store.
"We are sick and corporate does not give a shit," Lopez said. "What kind of damage did these stupid units do to our bodies?"
Lopez hasn't sought care for her symptoms. She says she makes $13.50 an hour and doesn't have health insurance.
Former employees have more complaints than just the heat: Lopez said that personal safety became a concern in the understaffed store. Catherine, a former employee who wished to only reveal her first name, said she's witnessed large-scale theft and instances of mismanagement in her months as a stocker at the location.
"They have no security, no cameras... they don't want you to have anything in writing," Catherine told Austonia. "It's just complete chaos."
Catherine said that she and other hourly employees were given zero hours for weeks on end as managers, who work on salary, were left to run the store alone from 5 a.m. to 10 p.m. each day. She said some managers became so desperate they were hiring homeless people to help stock shelves in exchange for a drink and a bite to eat.
While Catherine (top, middle) often had zero-hour weekly schedules, Martinez, who was paid on salary, worked back-to-back 90-hour workweeks. (Catherine) (Claire Partain)
"They actually did have people willing to work, they just refused to give them hours," Catherine said. "I'm not understanding whether Dollar Tree wants to go under... are they doing this as a tax break?"
Other Austin Dollar Tree locations have reported similar issues. Former manager Jonathan Martinez, who says he was supposed to work 45 hours a week, says he was racking up 90+ hour workweeks and sleeping in the store as he shouldered both the Montopolis and William Cannon locations while his newborn baby was in the ICU in March.
Martinez kept extra clothes in this office after working seven-day weeks at two Dollar Tree locations. (Claire Partain)
Martinez said he slept on boxes as he juggled the job and visiting his newborn in the ICU. (Claire Partain)
Martinez said he slept on boxes as he juggled the job and visiting his newborn in the ICU. (Claire Partain)
"As long as the store stays open, there are corporate people getting bonuses," Martinez, who quit last week after receiving a $100 annual bonus, told Austonia. "Six months ago, when corporate people had a shitload of bonuses, that's when they upped the price (of everything in the store from $1 to $1.25)."
In the six months since Dollar Tree hiked its prices to $1.25, it's gained plenty of mostly negative national attention. In February, the Food and Drug Administration shut down an Arkansas distribution plant due to a massive rodent infestation, and several lawsuits have ensued. The company has also come under fire for selling allegedly expired over-the-counter medicine and its worker shortage at locations across the country.
One employee, who still works for Dollar Tree and wished to remain anonymous, said that they've seen or heard that many area locations are near their breaking point.
"I've seen the good, the bad, the bad to worse," they said. "And it's always a rinse repeat kind of thing... How many more (stores) will go? And what about the employees?"
"Every time I would tell (Oyervides) 'I'm just going to close, I can't stand it anymore,' she would say, 'No, no, no,'" Lopez said. "And I'd be so upset because why? They have my paycheck. It's just been mortifying... the most horrible year of my life."
Dollar Tree's regional director did not respond to requests for comment from Austonia.
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(Pexels)
Grab a helmet and get active this morning by celebrating Bike to Work Day alongside the city.
The community will gather for a celebration at Austin City Hall starting at 8 a.m. with free tacos, coffee and giveaways.
A few things to remember around bikes:
- Over 80% of bicycle crashes happen at intersections
- It’s important to wear reflective clothing during dark hours
- Drivers should keep a distance—take at least three feet of space when passing.
Residents can find the most comfortable, safe bike routes via the 2022 Austin Bike Map, or rent a MetroBike with the code B2WD2022.