TEXAS (CBSDFW.COM) – The Texas Bar and Nightclub Alliance said it will sue the State of Texas over Gov. Greg Abbott’s recent order that shut down bars across the state.

Under the order, any establishment that receives more than 51% of its sales from alcohol must close their doors, but they are permitted to remain open for take-out and delivery.

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In a Facebook post, the organization called Gov. Abbott’s executive order, “irresponsible and shameful.”

They also encouraged members to stay open, calling it their “constitutional right to protest by keeping your businesses open.”

The rest of the country watched at Texas saw a surge in new COVID-19 cases and hospitalizations after reopening, which prompted the governor to shut down bars again.

“At this time, it is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars,” he said on Friday.

The announcement was made Friday morning and by noon, all bars in the Lone Star state had to shut their doors.

TBNA cautioned its members about possible legal consequences of defying the order.

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“Please understand that you may receive a visit by your local police, health department and/or TABC. The result of their visit can be a $1000 per day fine, a 30 day suspension of your license if you refuse to shut your business.”

The organization also said it has counsel “standing by to aid” any bar that is ticketed, fined, has its license suspended or is criminally charged for remaining open despite the order.

“TBNA has heard from members across the state all day expressing their rage that our businesses have once again unjustly been indefinitely closed without one shred of scientific evidence that bars and nightclubs pose any more of a public health hazard than a restaurant, grocery store, big box retailer, convenience store, health club, hair salon or the many of other business segments that cater to the public throughout the state of Texas.”

On Monday, the United States reported 38,800 newly confirmed infections, with the total surpassing 2.5 million, according to a tally by Johns Hopkins University. For a few days now, daily reported cases in the U.S. have broken the record set in April. That partially reflects increased testing.

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