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.
More on the curfew:
Austin City Clerk validates petition in favor of city charter changes, including a shift to a strong-mayor system
Austin City Clerk Jannette Goodall verified a petition to make four amendments to the city charter, including a shift to a strong-mayor form of government, moving it one step closer to the May 1 ballot.
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Mount Bonnell<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzNTUyMy9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY0MDEzODU5NX0.SQVQYQc5VpT_UQe-BQsexRgUp1yIUbjiB-Hz7cAgkUE/img.jpg?width=980" id="6a82f" class="rm-shortcode" data-rm-shortcode-id="6909566cc1a80e66660ddb3153882a5f" data-rm-shortcode-name="rebelmouse-image" data-width="1599" data-height="1066" />
(Spawnzilla/CC)<p>Mount Bonnell is probably the most well-known scenic locale in Austin and has been since the 1830s. Known for its panoramic view of downtown, Lady Bird Lake and the Hill Country to the west. Today thousands of visitors ascend the 106 stone stairs to the summit to take in the beautiful view. Located in Covert Park in Northeast Austin, the trail is dog-friendly with a leash, but it is not wheelchair accessible.</p>
Ann and Roy Butler Hike-and-Bike Trail and Boardwalk at Lady Bird Lake<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMjg0Ny9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMjg2NjY4OH0.3hTVUhMTrJ7FkqWgYivC03M7NbQGhkvM85St6nSACF8/img.jpg?width=1200&coordinates=0%2C240%2C0%2C240&height=800" id="6db33" class="rm-shortcode" data-rm-shortcode-id="be5523bfa32d06f91a0e0915e7f1fd3b" data-rm-shortcode-name="rebelmouse-image" data-width="1200" data-height="800" />
(MX/Wikimedia)<p>The Ann and Roy Butler Hike-and-Bike Trail is a 10-mile boardwalk with numerous entrance and exit points and is Austin's most recognized and popular recreational trail. Not only is it an Austin favorite for exercise, it also hosts one of the most beautiful views of Austin's skyline the city has to offer. The paved trail runs over Lady Bird Lake, also known as Town Lake, giving people an undisturbed view of Downtown Austin overlooking the water. The trail is dog friendly with a leash and wheelchair accessible.</p>
Zilker Park<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMjc5Ny9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1NDE0NzMzNn0.hE8NKm_6Ldoi36TZcTVHAbc9K6H1FWTqnI8cK60u3jY/img.jpg?width=980" id="2cb32" class="rm-shortcode" data-rm-shortcode-id="f4696ca4392a59a956761ae419b161a7" data-rm-shortcode-name="rebelmouse-image" data-width="1600" data-height="900" />
(Mwyzykowski0821/Wikimedia)<p>Zilker Park is Austin's pride and joy. The park hosts ACL every year (when there isn't a pandemic), the Trail of Lights each holiday season and other events in the city. The 351-acre space is the go-to locale for Austinites who want to get outside and enjoy a direct view of the city skyline--usually serving as a backdrop for any event held at the spot. As one of the only scenic destinations to allow dogs off-leash, it is the most dog-friendly spot in the city. Zilker Park is wheelchair accessible (although it might be best to avoid the park after rain).</p>
Barton Creek Greenbelt-Sculpture Falls<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzNTU2My9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyOTU1NDE2NX0.kM0EJgiwl60yCLYd2xMtqPUM9ukysu_KmQhMiP6XGMo/img.jpg?width=980" id="75e17" class="rm-shortcode" data-rm-shortcode-id="64cdd0ef728567c25261e17227855fe6" data-rm-shortcode-name="rebelmouse-image" data-width="4032" data-height="3024" />
(Austonia)<p><strong></strong>Sculpture Falls is a hidden location on the 7.9 mile Barton Creek Greenbelt. The best way to access the location is via the Hill of Life and the Trail's End access point in South Austin at 1710 Camp Craft Road. The scenic views of this location may not be sweeping views of the city skyline, however, the glistening pools and waterfalls, the trees hanging over the water make the spot one of the most underrated in Austin. The hike back up the Hill of Life is 1.5 miles and mostly on the sun, so make sure to bring plenty of water. The location is dog-friendly with a leash, but it is not wheelchair accessible.</p>
McKinney Falls-Upper and Lower Falls<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMjk3Mi9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzODY3MTE0NH0.yBqNznABvsJCBp_tdrREOMI20eWy3a4dNLwBbe4SKAc/img.jpg?width=980" id="135bf" class="rm-shortcode" data-rm-shortcode-id="c712742e6dbe4592a7294aad89b9f655" data-rm-shortcode-name="rebelmouse-image" data-width="1760" data-height="796" />
Photo of Lower McKinney Falls
(Texas Parks & Wildlife Department)<p>McKinney Falls is one of the many Texas State parks and is a series of two waterfalls–an upper and lower falls. Both spots feature limestone waterfalls along Onion Creek and swimming pools. The lower falls are more shallow and recommended for families with younger children while the upper falls are a bit deeper. Pets are allowed on a leash in the park, however, they are not allowed in the water at the falls. The park is not fully wheelchair accessible. There is a $6 fee for adults to enter the park and children under 12 can enter for free. During COVID, it is recommended to make reservations to enter the park if you plan to visit.<br></p>
Westcave Outdoor Discovery Center<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzNTc0MS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyMDEyNzM3Mn0.HATaya2WqEf1dRD6zO2WMvoCQii7mHKa9oJ9H2Huxqg/img.jpg?width=980" id="f503b" class="rm-shortcode" data-rm-shortcode-id="96c77fa947db2d4ae07efc545785fc12" data-rm-shortcode-name="rebelmouse-image" data-width="2040" data-height="1530" />
(Westcave Outdoor Discovery Center/Facebook)<p>Located in far-west Austin, Westcave Outdoor Discovery Center is the farthest out from Austin's city center and is another location that may not offer sweeping views of the Hill Country, however, the center features some of the most unique views in Texas. The highlight of the preserve is Westcave at the head of the canyon. It features a 40-foot waterfall backed by caves, diverse vegetation and an emerald pool. Canyon tours are not dog-friendly but are wheelchair accessible; they are offered every Saturday & Sunday. Self-guided hikes are offered Tuesday through Friday, 9:30 a.m. to 1:30 p.m. and require reservations.</p>
Red Bud Isle<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzQ0MTk2MS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2MTcwNDA4N30.ImQe01BIolSJVNBCJAFbQz1WfuDP8fitr_XXZWNytQk/img.jpg?width=980" id="767c3" class="rm-shortcode" data-rm-shortcode-id="a21655c41f9c7da188eb99dd0371d2dd" data-rm-shortcode-name="rebelmouse-image" alt="lady bird lake dog winslow swimming" />
(Austonia)<p>Red Bud Isle is one of the most popular areas for pet owners to let their dogs off-leash in Austin. The small island lies just below the Tom Miller Dam on Town Lake. The edge of Red Bud Isle offers a view of Town Lake and the densely-packed trees to either side. Depending on the time of year, colorful kayaks and stand-up paddleboards add some pop of color to the view. The 13-acre park is, of course, dog-friendly and wheelchair accessible. Be careful with your pets during the summer months, however, as there have been <a href="https://austonia.com/city/algae-killing-dogs" target="_blank">toxic algae blooms two years in a row</a>.<br></p>
Wild Basin Preserve<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMzEyNC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyNTMwODY3N30.aw3W_bvqThNlF_9WGE5GVte7ajhJoPQxQEUnM4FCT4Y/img.jpg?width=980" id="0b1a3" class="rm-shortcode" data-rm-shortcode-id="615c86b10cc2c034b9518f73534cad3e" data-rm-shortcode-name="rebelmouse-image" data-width="1600" data-height="900" />
(Larry D. Moore/Wikimedia)<p><span style="background-color: initial;">The Wild Basin Preserve is 227 acres of Hill Country woodlands owned by Travis County and St. Edwards University as part of the larger Balcones Canyonlands Preserve, which protects the unique environments of seven endangered species and 28 threatened plant and animal species. The preserve is home to the endangered Golden-cheeked warbler as well as many other Texas-native plants and wildlife. There isn't any one location that is the highlight of the preserve—the highlight is spotting the local wildlife. While it has been closed for the past several months, Wild Basin is expected to open for limited hours in late-January. It is not pet-friendly and is somewhat wheelchair accessible.</span><span style="background-color: initial;"></span><br></p>
Barton Springs<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMjk2NS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2NTY4NzMzMH0.1Nd-a5CEiPDSaLOB_nJYAZiHC8dZVvS5l4QOJhHsvd8/img.jpg?width=980" id="721f6" class="rm-shortcode" data-rm-shortcode-id="82bc4f00174755913a86a103f01ad6ad" data-rm-shortcode-name="rebelmouse-image" data-width="720" data-height="403" />
Section of Barton Springs on the paid access side. (austintx.gov)<p><span style="background-color: initial;">Barton Springs is another one of those locations that doesn't have one particular highlight. There are two sections to Barton Springs: one section requires a small entrance fee and allows for a little more space to sprawl out, whereas the other, much larger, section is free but sometimes requires a little creativity with where you set up camp. Both sides feature cool, clear, blue water from the natural springs in the area. </span><br></p>
Congress Avenue Bridge<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMjc4OC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2MDkyNjcxNn0.ieWjFaKRtsoVrudyGVtp_q3xlM8ghFgd7Y-QZqQVOoo/img.jpg?width=980" id="c4dfa" class="rm-shortcode" data-rm-shortcode-id="4e69c74aa25973d14285a49d8b070bd1" data-rm-shortcode-name="rebelmouse-image" data-width="641" data-height="426" />
(Texas Parks & Wildlife Department)<p>The Congress Avenue Bridge goes over Lady Bird Lake and is a place to get a very unique view of the city. Every year, Austinites gather on the bridge to witness up to 1.5 million Mexican free-tailed bats feed on 10-30,000 pounds of insects. The best time to view the bats is mid-August when you can see them ascending into the evening sky. This area of Austin is wheelchair accessible and pet-friendly with a leash.</p>
The Middle of Town Lake<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUzMzExOS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2MjIxNDQzN30.DAnxtXZTYH60LicTxw4J_qzJ7CSZ2ez7hNi8qFaxjJ4/img.jpg?width=980" id="a81af" class="rm-shortcode" data-rm-shortcode-id="4dc3198f3a64889a16d7f442f56e0a2c" data-rm-shortcode-name="rebelmouse-image" data-width="4032" data-height="3024" />
Evening view from the middle of Town Lake
(Laura Figi/Austonia)<p><span style="background-color: initial;">This one might seem a little odd, but get yourself a kayak or stand up paddle board and enjoy the view of the city from the water. It's a unique perspective on the city that is probably the best representation of why this city is so unique. There are also some boat tours throughout the year. Boat tours are wheelchair accessible. The lake has multiple entrance points and pets are allowed on water vessels, but not in the water.</span><br></p>