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Court Says Paxton's Suit Against Austin And AGÕæÈ˰ټÒÀÖ County For New Year's Curfew Is Moot, Dismisses Case

A sign outside of Hotel San Jose asks customers to wear a mask inside the South Austin business on March 3, 2021.
Evan L'Roy
/
The Texas Tribune
A sign outside of Hotel San Jose asks customers to wear a mask inside the South Austin business on March 3.

An Austin court on Thursday dismissed Texas Attorney General Ken Paxton’s appeal challenging AGÕæÈ˰ټÒÀÖ County and Austin’s New Year's holiday curfew, months after it ended â€� in a perhaps symbolic win for local officials.

The 3rd Court of Appeals in Austin dismissed Paxton’s appeal on technical grounds. The case is moot, Justice Gisela Triana wrote in the court's opinion, because the events already passed and Paxton’s appeal is contingent on future and uncertain events. The court’s lone Republican justice dissented.

While it’s been months since New Year’s, Paxton argued the case wasn’t moot and asked the court to prevent Austin and AGÕæÈ˰ټÒÀÖ â€� or other local authorities â€� from issuing similar orders in the future. The court refused.

The court’s decision comes months after Austin and AGÕæÈ˰ټÒÀÖ County’s order went into effect. Because a trial court refused to immediately end the restrictions as Paxton requested, the city and county were able to enforce the restrictions during the holiday â€� something local officials and health experts counted as a win. The Texas Supreme Court later blocked the curfew from continuing.

Paxton is currently suing Austin and AGÕæÈ˰ټÒÀÖ over officials continuing to require masks despite Gov. Greg Abbott ending the mask mandate statewide last month. A district judge refused to immediately end the order with the temporary injunction Paxton requested.

The overall case is ongoing â€� and in the meantime, masks are still required in AGÕæÈ˰ټÒÀÖ County.


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