Attorney General Ken Paxton today warned the City of Brownsville against its invalid order limiting all restaurant capacity to less than 25 percent of total listed occupancy. As it stands, the city’s order directly contradicts Governor Greg Abbott’s orders and exceeds the city’s lawful authority. Executive Order GA-28 expressly allows certain restaurants to “operate at up to 50 percent” and allows restaurants, and not cities, to decide whether to operate at a capacity at or below this limitation.

“The City of Brownsville’s order clearly conflicts with Governor Abbott’s order. It is imperative that we remain consistent in our application of limitations, and that the restaurants operating within the state’s limitations are allowed to do so,” said Attorney General Paxton. “The city should immediately review and revise this unlawful order.”

Read a copy of the letter here.