Texas Bar and Nightclub Alliance to Sue State Over Governor Abbott’s Recent COVID-19 Shut Down Order

AUSTIN (WBAP/KLIF News) – The Texas Bar and Nightclub Alliance is taking their grievance over Governor Abbott’s decision to again close bars and reduce restaurant capacity to 50% to court.

On Friday, Abbott said he made the decision due to an ongoing spike in COVID-19 cases and hospitalizations.

In a statement posted on the TBNA’s Facebook page, the group said it hired Brent Webster and his firm, Edwards Sutarwalla, PLLC and plans to file a lawsuit against the State in both state and federal court seeking a Temporary Restraining Order.

TBNA said it has heard from members statewide who expressed outrage at the Governor’s decision and that it supports “our members in the constitutional right to protest by keeping your businesses open,” according to the statement.

The group also reminded members that keeping their establishment open could result in a visit by local police, the health department and or the Texas Alcoholic Beverage Commission.

“The result of their visit can be a $1,000 per day fine or a 30 day suspension of your license if you refuse to shut your businesses,” said the statement.

The TBNA argued that bars and nightclubs posed no more of a public health threat than a restaurant, grocery store, big box retailer, convenience store, health club or hair salons throughout Texas.

The TABC has already suspended more than a dozen licenses for bars who violated state orders amid the COVID-19 pandemic.

COVID-19 cases and hospitalizations have been trending upward at an alarming rate. The state has a positivity rate of 13%.

So far, more than 148,000 Texans are infected, more than 2300 have died and more than 79,000 have recovered.

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