Texas Bar and Nightclub Alliance Suing State of Texas Over Gov. Abbott’s Order to Close Bars

June 30, 2020 - Statewide

By Jade Esteban Estrada - Staff Writer, San Antonio Sentinel

On Friday, in response to the new surge of Covid-19 cases during the month of June, Texas Governor Greg Abbott once again shuttered bars across the state and lowered restaurant capacity to 50%. The following day, the Texas Bar and Nightclub Alliance announced its plans to file a lawsuit against the State of Texas over the governor’s latest directive and encouraged bars to stay open in defiance of the order. 

Before Friday, bars were allowed to operate at 50% capacity and dine-in restaurants were permitted to remain 75% operational under the phased reopening plan that began in late April. 

“In light of Greg Abbott’s irresponsible and shameful actions this morning that shutter the businesses that provide a livelihood for your families and employees, we support our members in the constitutional right to protest by keeping your businesses open,” said a TBNA spokesperson to its followers via Facebook. They also listed the legal repercussions proprietors could expect when visited by authorities. 

Over the past two weeks, the Texas Alcoholic Beverage Commission has been issuing a 30-day suspension to venues that have been violating safety requirements as Texas continues to see record numbers of Covid-19 cases and hospitalizations associated with the virus.

“TBNA has heard from members across the state all day expressing their rage that our businesses have once again unjustly been indefinitely closed without one shred of scientific evidence that bars and nightclubs pose any more of a public health hazard than a restaurant, grocery store, big box retailer, convenience store, health club, hair salon or the many of other business segments that cater to the public throughout the state of Texas,” the post added.  

RELATED: TABC to Continue Checking for Covid-19 Safety Violations at Bars, Restaurants This Weekend

According to the announcement, TBNA has engaged attorney Brent Webster and his firm, Edwards Sutarwalla, PLLC, for guidance and representation through a time that will prove challenging for the bar industry. 

TBNA feels that their chance to keep their businesses open lies with the courts.

“Any business or business owner that chooses to exercise their right to protest and is ticketed, fined, [receives a] suspended [license] and/or criminally charged, we have counsel standing by to aid if you would like their assistance,” read the statement. 

Although TBNA said that they would not cover individual legal expenses, the organization’s board members have retained legal counsel on behalf of all 51% licenses in Texas to file a lawsuit against the State with the hope of getting a temporary restraining order “to end the governor’s overreach.” 

Under Abbott’s newest order, any establishment that receives more than 51% of its sales from alcohol must close its doors, however, they are permitted to stay open for take-out and delivery service. 

As of Monday, there are 10,797 cases of Covid-19 in Bexar County and 109 virus-related deaths, according to Metro Health.

Jade Esteban Estrada is a staff writer at the San Antonio Sentinel, where he covers public health and other citywide issues. He can be reached at jade@sasentinel.com.