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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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Tesla CEO Elon Musk announced a record-setting second quarter during an earnings call broadcasted from the Giga Texas construction site in Southeast Travis County on Monday.
The electric carmaker reported more than $1 billion in quarterly net income and the production of more than 200,000 vehicles for the first time despite challenges such as a global semiconductor shortage.
"It … seems that public sentiment towards electric vehicles is at an inflection point, and at this point, I think, almost everyone agrees electric vehicles are the only way forward," Musk said.
Exterior shots taken just a while ago of Giga Texas (while @elonmusk is reportedly at the Gigafactory!) during today's earnings call!
Hope @peterdog15 got to catch the technoking in his video! #fastestinhistory #Tesla pic.twitter.com/WqeDlb5wU3
— Austin Tesla Club (@AustinTeslaClub) July 26, 2021
Despite rising consumer demand and adequate factory capacity, Tesla faces what Musk described as a "quite serious" global semiconductor shortage, which will determine the company's growth rate for the rest of the year.
With increased revenue and production, Tesla is investing in new factories, Chief Financial Officer Zachary Kirkhorn said. These include Giga Texas, the $1.1 billion manufacturing plant that broke ground last summer and is slated to open later this year.
The Giga Texas factory in Southeast Travis County has rapidly increased in size since ground broke last August. (Tesla)
Musk commended the construction team for "incredible progress," transforming what was basically a vacant site into "a mostly complete large factory a year later."
I was at Giga Texas yesterday. Team is making excellent progress. Building will be almost a mile long when complete.
— Elon Musk (@elonmusk) July 25, 2021
Giga Texas will produce the highly anticipated Cybertruck, along with other models, but Musk said scaling its production will be difficult, especially given the supply chain delays caused by the pandemic. "It's going to move as fast as the slowest of its up to 10,000 unique parts," he said.
In other news, Musk said Monday's earnings call would likely be his last regular appearance, only jumping on future quarterly calls when big announcements warrant it.
Tesla Solar recently made news when it announced plans to build the nation's most sustainable residential community in Southeast Austin earlier this month. The newly built homes will feature Tesla solar roof tiles and Powerwall battery storage as well as electric vehicle charging stations.
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The city of Austin released a shortlist of seven candidates for the police chief position left vacant when Brian Manley retired in March.
City Manager Spencer Cronk hopes to announce an appointment by the end of August, which will require City Council approval.
The finalists, chosen from a field of 46 applicants, include:
- APD Interim Chief Joseph Chacon, who previously served as an assistant chief in the department for almost five years
- Anne Kirkpatrick, former police chief in Oakland, California, who was fired last year after a federal monitor criticized her handling of a fatal 2018 police shooting of a homeless man
- Dallas Police Department Assistant Chief Avery L. Moore, who is a 30-year veteran of the department
- Atlanta Police Department Deputy Chief Celeste Murphy, who manages the department's community services division
- Dekalb County Police Chief Mirtha V. Ramos, who previously served as division chief in the Miami-Dade Police Department
- Wichita Police Department Chief Gordon Ramsay, who is a former president of the Minnesota Police Chief's Association as well as one of the first police chiefs of a major U.S. City to call George Floyd's death a murder, as reported by the Wichita Eagle
- Los Angeles Police Department Deputy Chief Emada E. Tingirides, who is also commanding officer of the department's newly formed Community Safety Partnership Bureau, which serves L.A.'s underserved communities
City staff will interview the finalists in the coming weeks, with several community input opportunities to come, according to a Monday press release.
The city conducted a public survey in March and hosted community input meetings in April to learn more about what residents are looking for in their next police chief, which helped shape the selection criteria for the position.
"They want to see the Chief be reform-minded and transparent and have a track record of fostering community involvement and accountability," Cronk said in the release. "The candidates selected show these characteristics in various ways."
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Days after Austin began once again recommending masks in public spaces, Austin ISD announced Monday that kindergarten through sixth-grade classes will have virtual options this fall.
The district will discuss the move in a special board meeting Monday evening starting at 5 p.m., while full details will be released Friday.
Teachers will not have to fret about the new option—no educators will have to juggle both virtual and in-person learning. Instead, certain teachers will specialize in virtual education, according to a press release.
The news comes after a recent spike in COVID cases in Travis County and across the nation. Children typically suffer fewer symptoms of COVID when contracted, but they are now catching the virus more often than their older counterparts without a vaccine available to them and as the more contagious Delta variant is quickly being spread.
While local health officials are recommending everyone wear masks, public school districts are unable to mandate masks due to an executive order issued by Gov. Greg Abbott in May.
Parents have expressed concern about classrooms with masks unenforceable and children under the age of 12 ineligible for a vaccine. Some have even said they would look for alternative schooling if AISD did not offer a virtual option for students.
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