Houston Republic

Texas bars are struggling to survive during the second shutdown due to COVID-19, and one manager said her bar and others should be allowed to reopen if they can rework their floor plans to ensure customer safety.

Gov. Greg Abbott closed all Texas bars in late June, the same day he rolled back the state's reopening due to increased coronavirus cases, KHOU News reported.

Abbott, in his executive order, required “all bars and similar establishments that receive more than 51% of their gross receipts from the sale of alcoholic beverages” to close. However, restaurants were allowed to remain open for dine-in service but not to exceed 50% capacity.

Denise McCarthy, office manager for the Eagle Houston bar, said in an email to the Houston Republic the 51% is “misleading.”

“There has been a lot of discussion focusing on the "51% license" [more than 51% of revenue coming from alcohol so it's considered a "bar" - vs more than half of the revenue coming from food, therefore considered a "restaurant"]," she said. "This is misleading because it appears like this argument is based on alcohol when, in fact, it's about health safety. 

“With a restaurant-style setup, the guest is seated for virtually their entire visit. This way the establishment has more control over social distancing, mask usage and group size. With that being said, the choice was to close the establishments that were not [generally] set up this way -- the bars. So all 51% licensed establishments were closed.” 

McCarthy said bars could make necessary changes to open and ensure customers’ safety, noting “The issue [I] mentioned could easily be fixed. Bar owners would be happy to rework our floor plan to open. 

Several steps could be taken to ensure distancing, according to McCarthy.

“Tables and chairs would be brought in and set up with proper distance between and seat maximum," she said. "Upon entry, guests would be seated at a table for the duration of their stay. All drinks would be delivered via servers rather than walk-up bar service. It can be done.”

Abbott’s executive order allowing restaurants to remain open while shutting down bars appears arbitrary.

“Both should be open," McCarthy said. "Bars should be given guidelines that if properly implemented would allow them to open.” 

She added that if the Texas Alcoholic Beverage Commission found any businesses not following safety guidelines “then proper punishment is expected for the establishment that violated the rules, certainly not the entire industry.”

McCarthy has been vocal about Abbott's closures and even sent a letter to the governor regarding his actions and what steps that bars could take to reopen safely. She also pointed out the devastating impact on the Texas bar industry.

"Every permanently closed business means a dream died, emergency funds depleted, savings for the future gone, business and career over, jobs and security gone forever," she wrote to Abbott. "This is devastating. Last week a bartender in Longview took her life because the stress became overwhelming. 

“Given three hours notice to close, resulting in zero business revenue, zero staff income, zero assistance with no end date is criminal. And with so many businesses crippled and unable to give their own employees full-time hours, there's very limited positions available elsewhere. We don't want government assistance, we want to open.”

Bar owners in Texas have been telling their heartbreaking stories on the Facebook page, Texas Bars Fight Back! Johnny Yarborough posted a photo of his wife, Janice, and wrote, "This is my wife. She has owned and operated this little bar called Break Time here in Bellmead for over 20 years, has an excellent record with TABC. We have never had an infraction nor any type of trouble that needed the law involved. She has worked very hard to make this little bar what it is and we have great customers there all like family. It saddens me to see her business shut totally down.

"We are hanging on to the business has hard as we can, but expenses still even happen when a business is just setting dead in the parking lot. No income can come from a shut down business. I know many others are in this same boat and I pray every day that something happens so people can go back to making a living. Wishing everyone caught up in Gov. Abbott's hanging noose finds a way to make things work. We are running out of rope it gets tighter by the day." 

There are numerous stories of bar owners who may not survive. Some are planning protests this weekend against Abbott's order.