Texas Supreme Court blocks enforcement of Austin dine-in curfew

The Supreme Court of Texas has blocked the enforcement of Austin-Travis County's dine-in curfew to curb the spread of COVID-19.

In an order pronounced on Jan. 1, the Texas Supreme Court conditionally granted Paxton's petition and directed the Third Court of Appeals to issue relief and block enforcement of the restrictions pending final resolution of the appeal.

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Texas Attorney General Ken Paxton had filed suit against the city and county saying that the dine-in restrictions were not allowed under Gov. Greg Abbott's executive orders. 

Austin Mayor Steve Adler issued a statement in response to the Texas Supreme Court's ruling, saying:

"The Supreme Court didn’t tell us what it thought, but stopped enforcement until the Court of Appeals can look at it further. That’ll take time.

In the meantime, I continue to believe each of us has the power to protect our neighbors and save lives right now. Austin is experiencing uncontrolled spread of the virus. Celebrate at home, order out and tip generously. There’s no better way to bring in the new year than in solidarity with our neighbors.

Texans are struggling to get the vaccine while our State leadership is busy fighting to ensure night clubs stay packed. I don’t get it."

A district judge had ruled in favor of the city and county on Thursday and the Third Court of Appeals agreed with District Judge Amy Clark Meachum and denied an appeal by Paxton.

RELATED: Restaurant owners push back against local dine-in curfew orders

RELATED: State vs. City: Battle over Austin curfew heads to court

Austin-Travis County's restrictions were requiring food and beverage establishments to close for dine-in between the hours of 10:30 pm and 6:00 am from Dec. 31 through Jan. 3.

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