AUSTIN – Everyday Gov. Greg Abbott is allowed to shutdown Texas bars is another day he’s allowed to trample on the liberties of tavern owners, according to recently filed lawsuits.
On Monday, numerous bar owners banded together and filed multiple lawsuits against Abbott and the Texas Alcohol and Beverage Commission, alleging violations to their constitutional rights.
In response to the COVID-19 spike in the state, Abbott issued an executive order on Friday that essentially singled out pubs, declaring that: “People shall not visit bars.”
Woodfill
Abbott’s order was accompanied by the following statement: "At this time, it is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars.”
The order allows almost all other businesses to remain open, including tattoo studios, barbershops and nail salons – a decision that plaintiffs claim puts them in the “loser category” and sentences them to bankruptcy.
“The rights Plaintiffs enjoy under the Texas Constitution are being trampled on by Defendants, while millions of individuals have lost their jobs and thousands of businesses are on the brink of bankruptcy,” the lawsuit against Abbott states. “If Defendants’ conduct is not restrained and declared unconstitutional, once this virus passes, the rights enjoyed by Plaintiffs under the Texas Constitution will be forever damaged.”
The plaintiffs argue that Abbott shouldn’t be allowed to set a precedent with his order since viruses mutate and there may be a different coronavirus strain next year that proves resistant to any vaccine, not unlike the flu.
“Will we allow Defendants to set precedent for future governmental remedies related to viruses or diseases?,” states the lawsuit. “Will we allow Defendants to violate the Texas Constitution? Will we continue to allow Defendants to take away our liberties and destroy the economy – where does it stop?
“Every day Defendants are allowed to unlawfully shut down Plaintiffs’ businesses, the liberties of Plaintiffs and other bar owners are trampled on.”
The plaintiffs are seeking a declaration that Abbott’s order is unconstitutional.
They are represented by Houston attorney Jared Woodfill.