Ft Worth Times

Nearly 800 Texas bars opened in defiance of Gov. Greg Abbott's executive order shutting them down due to COVID-19, and they had safety protocols in place to show that they can operate safely.

The bars, which opened July 25 as part of the Freedom Fest, sought to show Abbott they can open like other establishments and ensure customers' safety, Chris Polone, owner and operator of the Fort Worth-based Rail Club Line, told the Fort Worth Times in a phone interview. He said he will continue to fight the governor's unjust and arbitrary order.

Polone was the organizer of the Freedom Fest and said he was the first bar to stand up to Abbott. His license was suspended earlier this month by the Texas Alcoholic Beverage Commission.

"We can either fight this thing or starve," Polone told CBS Local News.

"We had no alcohol and only allowed 40 people in," said Polone, whose club has a 800-person occupancy. "We had only 40 people to demonstrate to the state how we can operate safely." 

He added that his bar had masks, hand sanitizers and went "above and beyond" the protocols by the state health department and the Centers for Disease Control.

All bars that signed on to take part in Freedom Fest "stood in solidarity" and also signed on to safety conditions, Polone said.

In the Rail Club Line Facebook posting, Polone live-streamed his event. Tables and chairs could be seen distanced, and patrons were socially distanced. By contrast, pictures showing another establishment that Abbott's order allowed to remain open was extremely crowded. 

Abbott, in his executive order GA 28 on June 26 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.  

“People shall not visit bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission and are not restaurants…” Abbott’s order states.

Polone said the governor "damned our businesses June 26." He indicated that GA 28 protects "all the corporations which are not 51 percenters" and added most of the 51% are "mom and pop" businesses, including VFW halls and Elks lodges, 

He said restaurants and malls are open, but "51% bars are not open."

In its flyer, Freedom Fest noted, "bars and restaurants are most of the time the same thing. Until Abbott separated the two in the media. In most cases, the only difference between a 'bar' and a 'restaurant' is the amount of food to booze ratio they sell..."

"If this is truly as bad as he [Abbott] thinks it is, shut everything," Polone said. "We pay north of 15% liquor tax whether we are opened or closed."

He also said in a hearing with TABC this week that the commission alleged it had undercover agents in his bar who witnessed him serving alcohol.

However, Polone said, TABC is lying. He said the 40 people he allowed in his club were only friends and family as he staged it and that he knew everyone who was in the club July 25.

Texas bars, like his, may not survive much longer. Polone said he applied for the Payroll Protection Program but their funding ran out and he did not receive the $22,000 he applied for. However, he said a major steakhouse nearby received the $22 million they requested.

The Freedom Fest raised "over six figures for charities across the nation" Polone said, adding that not one bar was shut down by the police. 

When asked if he can reopen safely as those who are not 51 percenters, Polone said, "I know I can...I did on July 25 and went above Texas mandate and the CDC guideline."