VIDEO-Texas AG warns Austin/Travis County about 'unlawful' COVID-19 orders

FILE - In this June 22, 2017, file photo, Texas Attorney General Ken Paxton speaks at a news conference in Dallas. (AP Photo/Tony Gutierrez, File)

The Office of the Texas Attorney General sent a letter to three big Texas counties on Tuesday for local orders they recently issued, warning them the mandates are “unlawful” and could lead to confusion on what orders to follow.

Letters were sent to Bexar County along with the mayor of San Antonio, Dallas County and Travis County along with Austin Mayor Steve Adler and Travis County Judge Sarah Eckhardt.

In the letter to Judge Eckhart and Mayor Adler, Deputy Attorney General for Legal Counsel Ryan Vassar wrote, “We trust you will act quickly to correct mistakes like these to avoid further confusion and litigation challenging the county’s and city’s unconstitutional and unlawful restrictions.”

The letter points out several areas of Austin’s local ‘Stay Home, Work Safe’ order issued by Mayor Adler and Judge Eckhardt on May 9th:

• Houses of Worship: The letter states the county’s and the city’s order attempts to restrict essential services, including those provided by houses of worship.
• Contact Tracing: The letter states that Austin’s order “only seems to recommend for these restaurants to track their employees and customers, it forces restaurants into submission by threatening to release the names of restaurants who do not comply.” It goes on to say the city’s “Orwellian order raises privacy concerns and s also likely superseded by the governor’s order.”
• Masks: The letter states that the order issued in Austin says “all person over the age of six shall wear some form of mask when leaving their residence.” The state order encourages people to wear face coverings but does not require them. “The Governor’s order recognizes that Texans will act responsibly and make smart decision to protect themselves and their families.”
• Shelter-in-place: AG’s letter says the Governor’s order only requires Texans to “minimize social gatherings and in person contact with people who do not live in the same household.” And the state order doesn’t include a mandatory “shelter-in-place” but the city and county orders do. “Your orders require all residents to shelter-in-place, close all businesses that are non-essential or not reopened services and prohibit all gatherings except as permitted by the orders.”
• Criminal Offenses: The letter says Austin’s order also conflicts with the State order by trying to impose a criminal penalty for violations but the Governor modified the state order on May 7th to eliminate confinement as a punishment for violating any state or local orders.

The Texas Restaurant Association said they were happy to see Paxton’s letter for the issue of contact tracing.

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Kelsey Erickson–Steufert of the TRA said they, too, sent a letter to Mayor Adler on Monday asking him to change Section 11 of the local order. That portion encourages restaurants with a capacity of 75 or less to keep a log of all customers and employees who came in, including the dates and times they were there and where they sat. TRA feels if small businesses should be contact tracing this way larger businesses should also be following orders.

“When a small businesses’ options are to do this or be publicly shammed, that’s really not much of an option. We’re treating this like a requirement,” said Erickson-Steufert.

City of Austin and Travis County attorneys are now reviewing the letter.

In a statement to CBS Austin a Travis County Spokesperson Hector Nieto said, “Travis County has received the letter and our county attorneys are reviewing it. Our initial thought is we disagree with the Attorney General.”

Mayor Adler’s office also issued a statement saying, “Up to this point, we have avoided the naked politicization of the virus crisis. I will not follow the AG down that road. The City’s Order complements, incorporates, and does not conflict with the Governor’s Order. We will continue working to keep our community safe to the fullest extent allowed by law.”

During his daily ‘Got a minute’ virtual address on Facebook, Adler spoke about the letter he received from the Office of AG Paxton saying “We asked for restaurants to do that voluntarily and I guess the Attorney General’s office doesn’t like that we asked for that voluntary act.”