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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Texas Longhorns linebacker Jake Ehlingers' death this spring was the result of an accidental drug overdose, according to a statement by the late student's family.
According to the statement, the 20-year-old University of Texas student and Westlake High grad overdosed on pills believed to be Xanax laced with Fentanyl, an often-deadly combo that has resulted in thousands of accidental fatalities nationwide.
Ehlinger was found dead off campus May 6 in a tragedy that shook the Austin and UT community, as well as Ehlinger's family, including his brother, former UT quarterback Sam Ehlinger, who now plays for the NFL's Indianapolis Colts.
An honorable mention All-State player and district defensive MVP while in high school, Ehlinger followed in his brother's footsteps and continued his football career as a walk-on at UT. He was also a sophomore in finance, a member of the Phi Gamma Delta fraternity and a member of the Texas Silver Spurs, a student organization that cares for beloved mascot Bevo the Longhorn.
Counterfeit Xanax pills have caused an increasing number of fatalities in the area with 1,000 deaths related to synthetic opioids in the state in 2020. Drug dealers have begun stuffing fentanyl, an opiod that the DEA said can be up to 60 times more deadly than heroin, into pills resembling the prescription anti-anxiety medication and selling them to unwitting customers.
"The spread of counterfeit pills is an ongoing and significant issue throughout our country, particularly in schools, colleges and universities," the the Ehlinger family said in a statement. "As our family continues to process Jake's death, we felt it was important to share these details with the hope that Jake will not have died in vain. We pray that sharing Jake's story will help shed light on this problem and prevent other families from also tragically losing a loved one."
To combat the surge of deaths, Austin police now have access to a supply of Narcan, a drug that can combat the effects of an opiod overdose. Though it's not mandatory, APD officers can now check out supplies of the drug when responding to calls. The department had almost completed training on the drug by June, according to a KXAN report.
"You can talk to a number of families that have had family members die because of opioid overdoses and if this was an option to help their loved one or save their loved one, I'm sure that every single one of them would tell you that it was incredibly important that we now have this incredible tool in our tool belt," Assistant Chief Scott Perry said in the report.
Ehlinger is remembered by his brother, Sam, his mother Jena, his sister Morgen and the University of Texas community. Ehlinger's father, Ross, died of an apparent heart attack while swimming in a triathlon in 2013.
"(Jake) was his dad's little buddy, and they shared an unbreakable bond," Jake's obituary read. "His father's spirit was alive and well in every part of Jake's life. Tragic life circumstances created a unique opportunity for Sam and Jake to uplift and empower each other. They were each other's biggest fans. Their mother, Jena, as well as their sister, Morgen, were the loves of Jake's life. Everyone will miss his giant hugs, but no one more than Jena and Morgen."
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Eight of the world's best Brazilian jiu-jitsu athletes flew into Austin in September to be in the new hub for the sport. But after over a decade of fighting together, they'll no longer be under the same name.
The legendary Danaher Death Squad, which started in 2007 and was led by black belt John Danaher, made a highly-publicized split in late July while in Puerto Rico, with Danaher, legend Gordon Ryan and teammate Gary Tonon announcing the aptly-titled "New Wave Jiu Jitsu" as their new studio to open soon in Austin.
Missing from the new roster were former teammates Craig Jones, Ethan Crelinstein, Nick Rodriguez and even Ryan's younger brother, Nicky Ryan. The new crew announced that day that they would also be forming a new studio with the tongue-in-cheek title "B Team Jiu Jitsu."
Jiu jitsu greats Craig Jones (left) and Gordon Ryan have opened rival studios in Austin.
Both teams chose to move to Austin, a hotbed for the sport that the B Team's Seth Belisle said is becoming a "mecca for jiu-jitsu." With plenty of renowned studios, jiu-jitsu enthusiasts like Joe Rogan coming into town and the presence of Flo Grappling, the sport's premier media outlet, Belisle said there's now "more jiu-jitsu here than anywhere in the world."
While Belisle, an Austin native, handles the business side for the crew, the team's coaching is headed by Jones, a leopard-print wearing Aussie who has been known to sport assless chaps and places importance on the lighter side of things (the studio advertises that they train "Mexican ground karate," a name they created for jiu-jitsu).
Rumors abound about the famed fighters' breakup, including money issues in the Ryan family or a well-rehearsed PR stunt, but Jones told Austonia that the split of the Death Squad simply comes down to personal differences between the fighters.
"It wasn't an amicable breakup at all," Jones said. "What Gordan represents is quite controversial... I would say there would be no line he wouldn't cross to promote a grappling match. So in that sense, we're sort of focused on a different, more positive sort of vibe."
B Team and New Wave alike are opening at a critical time for jiu-jitsu, as the sport slowly becomes a household name. Now, top fighters can make a living from their sport while still maintaining a much lower profile than MMA fighters or boxers.
That name recognition and B Team's positive attitude drew in droves of new trainees, with many opting to move to Austin solely to train at B Team.
"Jiu-jitsu is a relatively new sport," Belisle said. "If you love basketball, it's impossible for you to say, 'I'm going to go play with LeBron James and learn from him this weekend... in jiu-jitsu, that's possible. You have access to the stars of the sport because it hasn't really blown up yet. It's something special."
After an open house that saw over 150 athletes show up, the team realized they needed to become more exclusive. Now, the studio trains only the "Olympians" of the sport, something that sets them apart from other local studios. They also frequently bring in celebrities of the sport for training sessions, including famed female fighter Ffion Eira Davies.
"We're obviously a new gym, but we're probably some of the best guys in the world," Jones said.
Meanwhile, New Wave is training at the famed Renzo Gracie Studio, Danaher's former trainer, as they wait for a new studio.
Will the world's two best teams soon have showdowns in the Texas capital?
While it's unclear whether or not things will get personal (no brother vs. brother matchup is on the horizon), trainees under each studio went head-to-head for the first time Wednesday as New Wave's Gordon Ryan announced his first match out of semi-retirement. Ryan, often lauded as the best grappler in the world, forced UFC fighter Phillip Rowe to submit four times in the 15-minute friendly exhibition match at Austin's Palmer Events Center.
But Rowe, who was first a jiu-jitsu athlete before switching to UFC, said he didn't know about the beef and was just looking to train under his favorite athletes, Jones and Rodriguez.
He competed for a few reasons—including a break from UFC and a chance to give BJJ a bigger name—but he mostly came into town for the fun of it. Ryan and Rowe talked often prior to the meet, with Rowe gifting Ryan a Bumpboxx, or decorated boombox, in honor of Ryans' father. The respect was mutual—Ryan shouted out Rowe after the match for coming out with a broken hand and the death of some loved ones a week prior.
The match was the first indirect competition between the two gyms. Jones said they won't be training with the goal of fighting any of their former New Wave compadres.
"I don't know what's going to happen ultimately," Jones said. "Because obviously, we're not friendly as it is right now, but I mean. I wouldn't go so far as to train someone that was going to compete against them directly."
But with B Team fighters like Nick Rodriguez expressing their interest in fighting in the future and both gyms training for the WNO Championships in 2022, it's almost inevitable that the former teammates will find themselves on either side of the mat sooner or later.
"'I'd be lying if I said that every day since I started jiu-jitsu my goal is to beat Gordon. I'd be lying if I was saying that isn't true," Rodriguez told the Jason Chambers podcast. "My goal is to be the best grappler in the world and nothing less. That's an old teammate that I have to go through to knock him out and get to the top, then that's fine with me."
Atop one of Austin's signature rolling hilltops, 1501 Ridgecrest Drive is similar to one of the plush palaces that one might find in Calabasas. For $10.9 million, the home has four bedrooms, four-and-a-half bathrooms and caps at 10,498 square feet.
Park in the massive, fully air-conditioned garage before walking in, where you'll have eight full spaces to park your collection of cars. If you're not a collector, the garage makes an excellent studio space.
The wide-open living spaces will draw your eyes to the two-story ceilings, glass catwalk, integrated fireplace and wall of floor-to-ceiling windows that overlook the pool.
Though the house was built in 2011, it doesn't show its age. Sleek, clean lines lead seamlessly from the formal living area to an elite open-plan kitchen. Separated by a 25-foot waterfall island that can seat at least eight people, the kitchen is fitted with only the finest Miele and Subzero appliances. The custom cabinets are just as pricey as the rest of the place, finished with custom high-gloss Aston Martin (you read that right) paint.
Upstairs in the sprawling master's suite, there are enough amenities to never have to set foot outside again. Armani tile floors, space for living and a walk-in showcase closet lead into the resort-style bathroom, where you'll find dual vanities, a walk-in shower and a lounging bathtub.
The bedroom is a quick elevator trip away from the "party" room, complete with a bar, wine room and movie theater, only the best for entertaining. If your guests are staying over, rest assured they'll be comfortable with the kitchenette, washer and dryer and spa-like bath in their suite.
Though summer has passed, you can still enjoy the grand lap pool's unobstructed Hill Country views, many private lounging areas, grill a homemade snack at the outdoor kitchen or shoot some hoops at the newly-added court.
The listing is held by Compass' Gary Dolch.
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