Hearing Summary: Austin City Council Special Called Meeting on COVID-19 Enforcement

At its Special Called Meeting on COVID-19 enforcement, the Austin Council voted unanimously to expand the enforcement ability of Governor Greg Abbott’s existing orders (see links below).

• Discussion and possible action on an ordinance declaring a site that fails to meet certain standards designed to prevent the transmission of COVD-19 between humans as a nuisance, authorizing civil enforcement, and declaring an emergency; and

• Discussion and possible action on an ordinance authorizing the health authority to adopt rules to protect individuals from COVID-19, creating an offense and penalty, and declaring an emergency.

Council members stressed that the intention is not to issue fines for not wearing masks but to get better voluntary compliance.

The items passed today add enforcement options rather than adding more restrictions, which would not be allowed under the Governor’s orders, which supersedes local authority. However, it should be noted that on Wednesday Gov. Abbott signaled his encouragement to Austin city leaders of these ordinances, as "additional enforcement mechanisms.”

This support from the governor follows recent speculation that Mayor Adler would at today’s meeting move the city into Phase 5 of the COVID-19 risk based guidelines, subsequently issuing a citywide lockdown for 35 days.

City Council did not deliberate on this action, but the presentations did mention stay home orders in some of the COVID-19 contraction projections as a reference point.

The legality of the city issuing another stay home order has been in question. The governor has not given Texas cities the power to issue additional restrictions to his orders.

Also of note, Mayor Adler confirmed that Travis County Judge Sam Biscoe, and presumably other Texas municipal leaders across the state, will ask Gov. Abbott to return to Phase 1. This would bring the state back to the first stage of reopening the Texas economy.

Overall, the Council was very hesitant to mention another Stay Home shutdown order. However, council members and their advisors stressed the importance of diligence in reducing the spread. Today’s action items served to encourage safe practices (i.e. social distancing and mask wearing), but the Council will remain up-to-date on the trends, especially as the school term nears in a month, in case greater action is needed.

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// The Bingham Group Team