Texas Bar Owners File Lawsuit Over COVID Shutdown

Numerous Texas bar owners have filed a lawsuit in state court in response to the closure orders issued by the governor of the lone star state.

The plaintiffs say that on June 26, 2020, Texas Governor Gregg Abbott took drastic action to respond to the COVID-19 pandemic by shutting bars and scaling back restaurant capacity by 50%. The bar owners claim that Governor Abbott’s Executive Order GA-28 ordered citizens not to visit bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC).

The bar owners say that the closures violate their rights under the Texas Constitution and that millions of individuals have lost their jobs while thousands of businesses are on the brink of bankruptcy.

They state that, if the Governor’s conduct is not declared unconstitutional, the rights that they enjoy will be forever changed. In addition, they claim that the Governor’s actions have taken away their liberty and will destroy the economy. 

“Every day Defendants are allowed to unlawfully shut down Plaintiffs’ businesses, the liberties of Plaintiffs and other bar owners are trampled on,” the Texas bar owners say.

The plaintiffs claim that the Governor’s Executive Order allows almost all businesses to remain open, but that the order singles out bars by stating: “People shall not visit bars or similar establishments that hold a permit from the Texas Alcoholic Beverage commission (TABC) and are not restaurants as defined above in paragraph number 6.”

Under the Executive Order, if a person visits a bar or similar establishment the bar owner is subject to having their license suspended by the TABC as well as possible fines, according to the Texas bar owners lawsuit.

The Executive Order from the Governor states: “I hereby suspend Sections 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes, to the extent necessary to ensure that local official do not impose restrictions inconsistent with this executive order….” 

The bar owners claim that Texas Government Code § 410, also known as the “Disaster Act,” does not allow the defendants to force businesses to effectively shut down. Specifically, the Texas bar owners claim, the Disaster Act limits the defendants’ power to those provisions expressly described in the statute.

In addition, the Texas bar owners lawsuit claims that Governor Abbott’s Executive Order attempts to shut down the plaintiff’s businesses, making it inconsistent with the constitution of the state. They maintain that the defendants are making it a punishable offense for bar owners to have people visit their bars.

The Texas bar owners lawsuit says that the defendants arbitrarily pick winners and losers, closing businesses who violate Governor Abbott’s Executive Orders.

“Accordingly, the conduct of Defendants is void in that it attempts to usurp the authority vested in the Texas Legislature,” say the Texas bar owners in their lawsuit.

The Texas bar owners also declare that by requiring them to close down their businesses, the Governor has violated Article I, § 19 of the Texas Constitution, which says, “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disenfranchised, except by the due course of the law of the land.” 

Specifically, the plaintiffs state that they are deprived of their liberty or freedom to operate their businesses and that the Governor’s Executive Order is void under the Texas Constitution.

The Texas bar owners lawsuit also proclaims that the Governor has opened up cosmetology salons, hair salons, barber shops, nail salons, tattoo studios, piercing studios, hair removal services, hair loss treatment and growth services as well as other establishments where licensed cosmetologist and barbers practice their trade. 

They state that bar owners have less interaction, proximity, or frequency with patrons than beauticians, or cosmetologists, or tattoo artists.

The Governor’s Executive Order picks winners and losers, according to the plaintiffs. They say that winners include cosmetologists, massage therapists, hair salons, camps, sporting events, and other businesses. The Texas bar owners state that they have been relegated to the loser category and sentenced to bankruptcy. 

The Texas bar owners lawsuit goes on to state that they are seeking relief entirely under state law and they are not asserting claims that arise under federal law or any federal cause of action. They maintain that they have a probable right to relief because the Governor’s conduct shut down their businesses, which violates the Texas Constitution.

“Plaintiffs will suffer probable, imminent, and irreparable injury absent a temporary restraining order and temporary injunction because the Defendants are trampling on Plaintiffs’ rights under the Texas Constitution and are exceeding Defendants’ authority under the Texas Government code,” the Texas bar owners lawsuit states.

Do you own a bar that was shut down due to governmental Executive Orders? Leave a message in the comments section below.

The plaintiffs are represented by Jared R. Woodfill of The Woodfill Law Firm, P.C.

The Texas Bar Owners Lawsuit is Tonia Allen Parker et al., v. Governor Gregg Abbott et al., Case No. unknown, in Travis County District Court.

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