Twenty-two Texas bar owners sued Texas Gov. Greg Abbott, seeking to overturn his order closing bars in an attempt to stop the spread of Covid-19 in the Lone Star State.
“You can’t tell me that my tiny little bar is the problem. He’s the problem,” one bar owner told The Washington Post. “He’s targeting us, and it’s discrimination.”
“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 petition filed in a Texas district court states.
“If Defendant’s conduct is not restrained and declared unconstitutional, once this virus passes, the rights enjoyed by Plaintiffs under the Texas Constitution will be forever damaged. Viruses mutate, so there may be a different coronavirus strain next year. Like the flu vaccine, this year’s coronavirus vaccine may not protect against next year’s strain” the complaint says, adding:
“Will we allow Defendants to set precedent for future governmental remedies related to viruses or diseases? 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 complaint asserts there is “no relationship between defendants’ conduct and virus-related harm,” and notes Abbott has “opened up cosmetology salons, hair salons, barber shops, nail salons, tattoo studios, piercing studios, hair removal services, hair loss treatment and growth services, and other establishments where licensed cosmetologist or barbers practice their trade or other cosmetology services. Clearly, bar owners have less interaction, proximity, or frequency with patrons than beauticians, or cosmetologists, or tattoo artists.”
The order “picks winners and losers,” the complaint says, adding: “Unfortunately for Plaintiffs and other bar owners, they have been relegated to Governor Abbott’s loser category and sentenced to bankruptcy.”
It goes on to allege Abbott’s order unlawfully suspends laws, which it says may only be done by the legislature.”
Tee Allen Parker, the lead plaintiff, told the Post her tin-walled bar was down to less than 100 seats, and most of its tables had been brought outside to give customers enough space to practice social distancing. Meanwhile, she said, a local county judge had organized a prayer rally, churches were holding services for dozens of worshipers, and a few hours away in Houston, thousands had gathered in proximity to mourn the death of George Floyd.