By Juan Pablo Garnham
Texas Attorney General Ken Paxton said Wednesday that he has sued the City of Austin and Travis County, a declaration that came a day after local leaders declared new restrictions for when restaurants and bars can serve customers during New Year's weekend.
Paxton filed a petition for temporary injunction and a temporary restraining order in Travis County District Court targeting orders made by Austin Mayor Steve Adler and Travis County Judge Andy Brown. Citing an increase in COVID-19 cases, they announced that dine-in food and beverage service must be restricted indoors and outdoors from 10:30 p.m. to 6 a.m., starting Thursday and ending at 6 a.m. Sunday. The measure did allow drive-thru, curbside pick-up, take out, or delivery services.
"Mayor Adler and Judge Brown do not have the authority to flout Gov. [Greg] Abbott's executive orders by shutting down businesses in Travis County and our state's capital city," said Paxton in a statement. "The fact that these two local leaders released their orders at night and on the eve of a major holiday shows how much contempt they have for Texans and local businesses."
Announcing the restrictions for Austin at a Wednesday morning news conference, Adler said the order — which carries a maximum $1,000 fine but no jail time — doesn't violate state regulations because it's "just an operational constraint." He added that "the reason that we are doing this is because it focuses on the activity where people are together without wearing masks." Both the mayor and the county judge said they deemed the measure necessary given the increase of cases in the area.
"If the state is not going to act, then communities have to be able to act to protect themselves. Tomorrow, that's going to be the issue that's in front of the court," Adler said on Wednesday evening in a livestream, reacting to the lawsuit. "Even if the court rules tomorrow that everyone has a right under the governor's orders to go out and take your mask off when you are around other people at a restaurant on Thursday, Friday, and Saturday night, that doesn't mean that you have to do it. We are asking everyone in this community to really think hard about what they are doing, about what they can do to contribute during this peak time."
Abbott had tweeted on Tuesday that Adler doesn't have authority to issue such a local order. "My executive order stops cities like Austin from arbitrarily shutting down businesses," he said. "The city has a responsibility to enforce existing orders, not make new ones."
But the governor had previously remained silent about similar orders in El Paso County that covered the Thanksgiving, Christmas and New Year's holidays. The attorney general's office didn't immediately respond to a request for comment on why El Paso's orders didn't spark the same reaction.
A spokesperson for the governor said that the already-existing measures have worked in El Paso and the Midland-Odessa region.
"The proven course of action is to enforce the existing protocols. That strategy was effective in slowing the spread over the summer and containing COVID-19, while allowing businesses to safely operate," spokesperson Renae Eze said in a statement. "The protocols work, but only if they are enforced. The State of Texas has assisted with that enforcement by deploying additional TABC officials to ensure compliance with the protocols; but local officials have the ongoing duty to enforce occupancy limits under law, as they did before the pandemic hit."
Earlier on Wednesday, Paxton sent a letter to both Adler and Travis County Judge Andy Brown that said Austin's order was "unlawful and unenforceable" and threatened legal action if they don't "immediately rescind or, at a minimum, modify your orders" so they comply with the state's regulations.
During his press conference, Adler encouraged Austinites to support restaurants through delivery and take out and "tip and overtip, because these people and these businesses are taking a severe and significant financial hit for the greater good, and we as a community can help mitigate that."
Austin and Travis County officials warned that the area has seen a troubling rise in COVID-19 cases and they are worried about hospital capacity. In the last month, the county's positivity rate — the percentage of tests that come back positive for COVID-19 — and ICU bed usage have almost doubled. New daily cases have more than quadrupled in the same period, according to the county's COVID-19 dashboards.
"Today in Texas, COVID-19 represents one in five of every person hospitalized," said Mark Escott, interim health authority and public health medical director for the City of Austin and Travis County. "The policies that we've had have not worked to curb the spread of the disease … Now it's the time to reconsider those decisions so that we can protect Texas."
On Twitter, the Texas Restaurant Association called on Austin businesses to follow Abbott's guidance and said that "a curfew is not allowed."
"Restaurants are deeply invested within their communities, and so they continue to do all they can to prevent the spread of COVID-19, often at tremendous cost," the organization's tweet said. "Closing indoor dining will not prevent holiday celebrations; it will simply move them from highly regulated businesses into completely unregulated spaces at a critical time in our COVID-19 response."
Last month, El Paso County Judge Ricardo Samaniego announced a similar curfew for Thanksgiving as COVID-19 cases increased in the border county. And earlier this month, Samaniego issued a similar measure for Christmas and New Year's celebrations.
The county has banned all social activities — including restaurant dine-in services — from 10 p.m. to 5 a.m. between Dec. 30 and Jan. 4 but allows take out and drive thru service. After he issued the Thanksgiving order, Samaniego said that he did so after what he said was a "favorable" discussion with Abbott's office and a representative from the Texas Attorney General's office.
The U.S. Centers for Disease Control and Prevention has warned Americans to avoid crowds and poorly ventilated indoor spaces and recommended that people stay at home for New Year's Eve or celebrate virtually.
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Former Minneapolis police officer Derek Chauvin was found guilty on three charges—second- and third-degree murder as well as manslaughter—in the killing of George Floyd, an unarmed Black man whose final moments were recorded by onlookers, sparking a global protest movement over police violence and racial injustice. He faces up to 40 years in prison.
Jurors deliberated for 10 hours over two days after an intense, three-week trial before reaching a verdict Tuesday afternoon, four days shy of the first anniversary of the Austin police killing of Mike Ramos, an unarmed, 42-year-old Black and Hispanic man whose name became a rallying cry—along with Floyd's—for Austin protestors, who marched en masse last summer, prompting some police reforms.
Austin Police Department Officer Christopher Taylor was charged with first-degree murder—an unprecedented charge in Travis County—in the case of Ramos' death on March 10. But Warren Burkley, community outreach director for the Austin Justice Coalition, was measured in his response to the Chauvin verdict. "It's highly visible accountability, so it will give people hope in the system," he told Austonia. "But it's just one innocent life taken. And even in this city, this happens regularly, and it doesn't make national news."
Local elected officials, community leaders and residents also responded to the news as APD officers spent their second day on tactical alert, prepared to respond to any protests or demonstrations, and City Council heard recommendations from a task force on how to reimagine public safety.
Chauvin guilty on three charges!!!!
— Chas Moore (@iGiveYouMoore) April 20, 2021
Full justice would mean that George Floyd was still with us. But today's guilty verdict represents a historic step toward justice and for his family. So important now for the Senate to approve the House George Floyd Justice in Policing Act.https://t.co/9zUOgZYg4L
— Lloyd Doggett (@RepLloydDoggett) April 20, 2021
For the first time we saw accountability in the courts for the murder of an innocent Black person.
Derek Chauvin murdered George Floyd on camera.
This prosecution is historic. People are feeling temporary relief. This is more than Justice, this is #AccountabilityforGeorgeFloyd. https://t.co/HlBqW7sScx
— Rep. Eddie Rodriguez (@EddieforTexas) April 20, 2021
Many of us have been afraid for days that Derek Chauvin would be found not guilty, despite what the video so clearly showed in broad daylight. The guilty verdict today provides important accountability, but it does not provide real justice. (1/5) ⬇️
— Gregorio Casar (@GregCasar) April 20, 2021
George Floyd's murder led to national protests and calls for the enactment of policing and social justice reforms, including here in Austin. We have made a commitment here to holding police officers accountable and to implementing social justice and policing reforms.
— Mayor Adler | 😷wear a mask. (@MayorAdler) April 20, 2021
Derek Chauvin's conviction is only one step towards providing healing/justice for George Floyd's family + for our nation as a whole. It's up to us to honor Mr. Floyd + the many others lost to police violence by transforming public safety and making our communities safe for all. https://t.co/RVgQmcAf6I pic.twitter.com/hCHLibYjoy
— Council Member Alison Alter (@ALTERforATX) April 20, 2021
No person should be above the law. If you transgress the law you should be held accountability.
Derek Chauvin- GUILTY
— Emmanuel Acho (@EmmanuelAcho) April 20, 2021
George Floyd's murder heightened the long-overdue national conversation on systemic racism. Derek Chauvin has been found guilty, but this is just one step on a long road towards racial equity. We must enact significant systemic changes in order to achieve justice.
— Every Texan (@EveryTxn) April 20, 2021
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Californians love Texas, and Austin—with its liberal politics, relatively affordable housing and job opportunities—is particularly adored. In fact, the Lone Star State was the main recipient of departing Californians in 2019, according to the latest available U.S. Census Bureau data.
But other states, including Florida, are seeing increased interest. Miami Mayor Francis Suarez has made a name for himself on Twitter recruiting techies and hyping up his city, which has a lot in common with Austin—with the added benefit of a beach and sans the "Don't California my Texas" attitude.
California expats and industry experts say Austin remains the bigger draw for Californians, especially those in the tech sector, but warn that this advantage could shift to Miami if the city doesn't address the policy challenges that prompted the migration in the first place: housing affordability.
"If Austin doesn't accommodate this influx, I think all the talent will come to Miami," said Peter Yared, a tech entrepreneur who moved to Miami from San Francisco in September. "I think Miami's going to be the one that sucks it all up."
Both Texas and Florida promise business-friendly state tax policies, and their governors tout the relocations of companies such as Tesla and Oracle from California. But Darien Shanske, a law professor at the University of California Davis whose specialties include taxation, said this is a red herring because corporate taxes are based on where sales occur rather than headquarter locations.
This is not to say other state policies are irrelevant. "The area in which California regulatory policy has been, in my opinion, not a complete failure but problematic … is housing policy," Shanske said. Austin and Miami can offer "not cheap, just cheaper" housing than what is available in Silicon Valley. Plus, both cities are developing a critical mass of talent, which further draws Californians in. "If you're a software engineer, you want to live near other software engineers," he added.
But not every Californian is motivated to move. "San Francisco is a fantastic place to live if you can afford it," said Brandy Aven, a professor of entrepreneurship at Carnegie Mellon University's Tepper School of Business. As a result, it's more common for what she called the labor—engineers, programmers and even company founders—to relocate to cities such as Austin and Miami than the monied venture capitalists. Burgeoning tech cities may find that they need to develop homegrown investor networks to support local ventures in the absence of Californian transplants, but she believes this is doable.
Paul O'Brien, CEO of the Austin-based MediaTech Ventures and a startup veteran, moved to Austin from California in 2009, during the Great Recession. "I'm a firm believer that the world has been seeking an alternative to Silicon Valley for a long time," he said, pointing to Austin as the natural heir for myriad reasons.
Austin has regional appeal as the epicenter of three of the country's largest cities—Houston, Dallas and San Antonio—and their respective industry niches. Tech entrepreneurs could cater to the local consumer goods industry or Houston's oil and gas sector. Plus the city has cultural appeal, thanks to the Red River District and South by Southwest, which made it attractive to job seekers. "The whole reason everyone moved to Silicon Valley is opportunity," O'Brien said. "The whole reason people are now looking beyond Silicon Valley to somewhere else is opportunity."
It's less clear what Miami's key industries are, O'Brien said, but the city offers other selling points, including the mayor's buy-in and "a tremendous depth of wealth" to support a technology and startup ecosystem.
Although Yared didn't consider moving to Austin, he is aware of its appeal to engineers, especially now that their hero, Elon Musk, has moved there, shunning California. "Austin has a lock on tech," he said, but Miami draws a different crowd, including financiers from New York. This parallel migration, coupled with the city's more outwardly pro-growth building policies, gives him hope that Miami could supplant Austin in the coming years. "In the end, communities get to choose what they want," he said.
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In the days after Austin FC's inaugural match against LAFC on Saturday, Head Coach Josh Wolff says he's watched the game "a number of times, to say the least."
In the match, Wolff and over 500,000 other viewers looked on as Austin FC took to the pitch for the first time, held their own in the first half against LAFC and eventually fell 2-0 to a team that's sometimes regarded as the best in the league.
Austin FC had the largest television audience of any soccer match in the U.S. over the weekend, surpassing even the USWNT. In a showcase of the club's dedicated fan base, dozens of Los Verdes fans were spotted in green and black around the stadium—even with the match limited to 20% capacity.
Salute the support. 👏
It's only the beginning for @AustinFC. pic.twitter.com/TduorqYr2y
— Major League Soccer (@MLS) April 18, 2021
While the team lost their first-ever match, they didn't make it as easy as some expected.
Wolff said that the team did relatively well offensively, holding possession for 48% of the match and keeping a solid passing game. Once they got to the box, however, Wolff said they could use some work on creating scoring opportunities.
"We saw a lot of good connections, good spacing (and) good speed of passing," Wolff said. "I think we can obviously have more presence centrally to have more numbers in between lines. I just want us to create more chances. There's a lot on both sides of the ball that we still need to work on."
LA pulled some dramatics and slowly gained more possession throughout the half, but ATXFC's defense wasn't initially as shaky as it seemed in preseason. Later on, however, the team gave up some goals and seemed to struggle with endurance. Wolff said the backline did "okay" and that the club, including young center back Jhohan Romana, are still getting conditioned to play a full match.
"It's a lot of information for a young player," Wolff said. "I think as he fatigues then the decision making, as with most players, becomes a little bit more cloudy and then thus the execution becomes cloudy."
An honor to represent this city and y'all. We're just getting started. 💚🖤 pic.twitter.com/tmOqCfbXvs
— Austin FC (@AustinFC) April 18, 2021
Goalkeeper Brad Stuver had his work cut out for him, fending off 24 shot attempts, 11 of which were on goal.
Going into the match, Stuver and fellow goalkeeper Andrew Tarbell were neck-and-neck, with both labeled potential starters. However, it was Stuver, who many thought signed as a backup, that wore the goalkeeper's jersey on the field for the first time.
"I think both Andrew and Brad did relatively well in preseason, but we decided with Brad just based on how we felt preseason went," Wolff said. "I thought he performed pretty well to be honest. I think he and Andrew are similar in some aspects... it's being mindful of where their strengths and weaknesses are."
Five starters made their MLS debut in the match, including midfielder Daniel Pereira and forward Rodney Redes. While Wolff said Pereira held his own in the match, he saw a weak spot in the team's right side, making it difficult for Redes to make offensive plays.
"For Pereira, I think it was a solid day for a young kid coming in his first MLS game against that opponent," Wolff said. "Obviously there's there's a different physicality to MLS and I think those are things that all these guys are going to acclimatize to.
Now, the club looks to put the ball in the back of the net for the first time as they head to Colorado. Austin FC will face the Colorado Rapids at 8 p.m.on Saturday. The match will stream on the Austin FC app and be broadcast on the CW Austin. Austonia will keep an eye out for potential weekend watch parties.
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