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Ken Paxton sues after Austin bans late on-site dining for New Year’s weekend amid COVID-19 surge
(The Texas Tribune)

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:

New Year’s Eve city curfew falls in line with governor's order to not shut down cities, Austin officials say(Kevin Payravi/CC)

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‘Like speed dating of cats’ at Purr-fecto Cat Lounge
Purr-fecto Cat Lounge

Lina Martinez with her newly adopted cat, Emmanuel, who she renamed Sullivan.

Timmy and Tommy are ready to play.

As the 2-month-old white-and-tabby brothers swat feather wands, chase toys and generally hold court inside Purr-fecto Cat Lounge, a half-dozen potential adoptive parents look on lovingly, trying to get their attention.

“This is kind of like the speed dating of cats,” said Lupita Foster, owner of Purr-fecto Cat Lounge. “I intentionally didn’t put in any tables. That’s why we call it a lounge instead of a cat café because we have these lounge areas where you can sit and relax and cuddle.”

Foster, who has owned a cleaning company, Enviromaids, for 18 years, was inspired to open Purr-fecto Cat Lounge after adopting her own cat, Romeo, from a local shelter.

“When you want to adopt a cat, you have to spend a lot of time with them to get their personality,” Foster said. “I wanted to do something to help the community and something that makes me feel good, that warms my heart. A business with a purpose. This was a perfect idea.”

Actually, a purr-fect idea.

Inspired in part by a cat lounge she visited in Los Angeles, Foster began laying the groundwork for the business in late 2021 and officially opened the doors of Purr-fecto Cat Lounge, located at 2300 S. Lamar Blvd., in July 2022. Since then, she’s worked with rescue organizations such as Fuzzy Texan Animal Rescue and Sunshine Fund Cat Rescue to facilitate nearly 100 cat adoptions.

At any given time, there are 10-15 cats living in the space, which features an ideal blend of calm, cool corners and adorably Instagrammable backdrops with phrases such as “I want to spend all my 9 lives with you.”

Lina Martinez, 32, learned about Purr-fecto Cat Lounge from a friend’s Instagram post and made an appointment to visit two days later.

“My first impression was, ‘AWW!’” Martinez said. “The kittens were to die for. I felt happy and at peace – just what I needed.”

Visitors to the cat lounge pay $15 for a 30-minute CATXperience session or $30 for a 70-minute session that is spent getting to know the personalities of each cat. Foster said the first thing she typically sees from visitors to the lounge is a smile.

“Everybody that enters the door is smiling,” she said. “And we’ve seen people who have cried because they can’t have kids and they decide to go and adopt a cat instead.”

Foster said she loves bringing in cats who might not have a chance to be adopted at traditional shelters. She told the story of one cat named Izzy, who was partially blind, who was adopted by a family that had a deaf cat at home.

“Izzy was not going to get adopted anywhere else, but she’s extremely beautiful,” she said. “If she was in a cage in a rescue and you tell people she’s blind, she was probably going to be overlooked. But visiting our space, she doesn’t seem like she’s blind. She knows her way around. She moves around perfectly.”

Although Martinez, who had been casually looking for a pet to adopt since moving to Austin nearly four years ago, was interested in a cat named Ruby that she had seen on Purr-fecto’s social media, at the lounge she instead found herself drawn to 5-month-old mixed breed Tuxedo cat.

“I thought he was a star,” she said. “He worked the room and introduced himself to everyone. When I laid down to pet Ruby, he ran from the other side of the room and cuddled with me. It was game over. He got me.”

And she, of course, got him, complete with a commemorative photo that read “My Furrever Family” the day she took him home. Although his original name was Emmanuel, she renamed him Sullivan after her favorite DJ.

“Purr-fecto is special because of the amount of effort and love they put into taking care of the cats,” Martinez said, “and finding them good homes and making possible adopters feel at home.”

Foster, who spent a recent Thursday hosting a group of teenagers in foster care at the lounge, several of whom expressed interest in working there, said the best part about her new endeavor is that her heart is always full.

“I just feel complete,” she said. “I always felt as an entrepreneur that I was missing something. I knew I accomplished a lot, but in my heart I was missing a little connection with the community. Now I’m creating connections between humans and pets and that’s amazing. I’m creating family bonds. It’s just about love, you know. And we need that.”

Austin's 7 Best Indian Restaurants

We all have those cravings for an amazing butter chicken or some authentic dosas with coconut chutney, but when I was thinking about where I wanted to go to satisfy my taste buds I realized that my list of great Indian food around Austin was surprisingly short. After doing some research and asking around, here is your list of the best Indian restaurants around town.

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