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The new American restaurant Launderette and its sibling Fresa’s had temporarily requested proof of at least partial vaccination for food in stores since Monday, August 9, despite Texas Governor Greg Abbott banning all kinds of coronavirus safety measures across the state .
But now, three days later, the two restaurants were forced to void that proof of vaccine guidelines after the Texas Alcoholic Beverage Commission (TABC) threatened to revoke their liquor licenses.
This is all happening while the Delta variant of the coronavirus is raging through Texas, leading Austin officials to escalate the city’s safety guidelines into the highest safety containment recommendations in an attempt to slow the spread of the highly contagious virus on the August 5th press conference to announce the guidelines, Dr. Desmar Walkes, the Austin-Travis County’s health department, ordered companies to require proof of vaccination from their customers in order to patronize their businesses. A city media contact admitted that they also advised restaurants to speak to their lawyers to ensure they can request this policy.
Four days later, Launderette and Fresa’s were the first two restaurants in town to require proof of at least partial vaccination in order to be able to dine inside. Guests in the restaurants would also have to wear masks when they are not sitting at tables. The two rules did not apply to guests on the terrace. Eater reached out to the team behind the restaurants – chef co-owners Rene Ortiz, pastry chef Laura Sawicki, Margaret Vera, and Tracy Overath – for further comments, but they declined.
Just a few days later, the restaurant team was informed by the TABC that it was not allowed to ask for proof of vaccination, as this would violate the Senate bill passed in June, which says:
A company in that state may not require a customer to provide documents certifying the customer’s COVID-19 vaccination or recovery from transmission when they enter the company to gain access or receive services from the company.
To ensure that Texas companies adhere to this rule, “every relevant government agency” – in the case of Launderette and Fresa, the TABC – “will ensure that companies in this state adhere to it,” the bill reads. These agencies can “require compliance” […] as a condition of any license, permit, or other governmental permit required to do business in that state. ”This means that the TABC could withdraw liquor licenses for restaurants and bars attempting to request proof of vaccination in their facilities dine or drink.
A representative from TABC told Eater, “Although the agency has not yet taken any formal action against companies, we have requested a meeting with representatives from companies that are potentially subject to non-compliance.” They added, “Our goal is to to educate and inform these companies rather than punishing them. TABC will continue to coordinate with business owners and trade groups across the state to ensure the alcoholic beverage industry is fully aware of the new requirements. ”This guideline was repeated on the TACB website on August 11th.
The same representative wanted to make it clear that the agency was not calling its discussions with the Laundromat / Fresa team a threat: “TABC did not threaten to withdraw business licenses related to SB968. Instead, we worked with the companies to make sure they were aware of the requirements. Both agreed that compliance is the best way forward. “
The person noted that withdrawal of licenses or permits is viewed as a “last resort that only occurs after a pattern of repeated non-compliance and only when a company has had the opportunity to bring its case to an administrative judge”.
For now, diners don’t need to show evidence of COVID-19 vaccines to dine at Launderette and Fresa’s, but the two restaurants still require masks for diners who dine indoors.
While people still have to wear masks to dine in the laundromat and Fresa’s, they can take them off at tables. Overall, eating indoors is generally riskier when it comes to spreading the virus. Eating and drinking requires people to take their masks off anyway, which creates a higher chance that people might be able to expel the virus in a common space while breathing and talking. This is a cause for concern for the restaurant teams at both companies. The interiors of the Laundromat and Fresa aren’t too big, which means people are more likely to be in close proximity to others.
Austin Mayor Steve Adler commented on TABC’s actions on Twitter, asking, “So now a private company can’t protect its employees and customers?”
Pushback to vaccination regulations isn’t new. Restaurant owners across the country faced a barrage of negative comments on social media, emails, phone calls, and even one-star Yelp reviews from people who refused to be vaccinated, regardless of whether the commenters even agreed Had them eaten or not restaurant.
Many local restaurants and bars are still calling for masks and / or closing indoor restaurants to contain the spread of the virus so as not to put further strain on the city’s already overloaded hospital systems.
This evolving COVID crisis is precarious and the situation is changing hour by hour, putting public health at risk. With the City of Austin unable to make stronger recommendations on corporate safety practices, restaurant owners and workers are enforcing their requirements, hoping that each customer will act in good faith and keep everyone safe.
Update, 4:08 p.m .: This article, originally published at 3:14 p.m., has been updated to include more comments from the TABC representative.
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