TABC says Billy Bob’s COVID-19 protocol for Jason Isbell show was unlawful

Trapped amid political acting over COVID-19 vaccine passports and security protocols are everyday Texans, including tens of thousands of people in our state who work in the performing arts. These are actors and artists, booking agents, stage workers who live on pomp, pirouettes, and pyrotechnics.

Texans in showbiz don’t need drama from their state government, but that’s on the agenda. Some art groups – in survival mode for more than a year – thought they’d found a creative way to work with artists who are demanding strict COVID-19 security measures while complying with a new state law that bans companies from taking advantage of their customers Request proof of vaccination. However, walking that tightrope is proving impossible, and Texas needs to revise its rules to give business clarity and leeway.

We praised Americana music darling Jason Isbell for announcing that he and his band would need a vaccination card or recent negative test to be admitted to his shows. He said he would only work with venues that would allow it. Last week he moved his Fort Worth concert from a public venue to Billy Bob’s private honky-tonk. Like other venues in the area, Billy Bob’s doesn’t have a policy requiring vaccination certificates, but General Manager Marty Travis was willing to meet Isbell’s entry requirements for a Friday night concert.

“I’m not trying to make history, I’m just trying to make a living,” Travis told Rolling Stone last week.

Billy Bobs didn’t get on my nerves. Other Texas venue operators thought they could play it safe by allowing a negative test instead of a vaccination card. They thought they would avoid trouble by not adopting vaccination certificates as their own guidelines.

However, Travis said the Texas Alcoholic Beverage Commission (TABC) told him Monday that the Isbell concert admission policy was inconsistent with state law. Travis told us the conversation was friendly and that TABC did not threaten to revoke its liquor license.

“There was a misinterpretation of the law,” said Travis. “We weren’t sure about that. We got clarity on Monday. “

TABC spokesman Chris Porter said the agency does not advise companies on COVID-19 testing because state law does not provide for it. However, the agency interprets any requirement that a customer must provide proof of vaccination – even if the company offers an alternative – as unlawful.

Why is TABC monitoring this? The legislature who drafted Senate Bill 968 banning vaccination records accused state authorities of ensuring compliance with this provision. The law provides that authorities can require compliance with the ban as a condition of a license or permit.

By the time the Texas legislature passed this bill, COVID-19 case numbers had plummeted from winter highs. But now cases and hospitalizations are on the rise again, and a growing number of cast members are demanding a proof of vaccination or negative test for admission to their shows, including Isbell, The Killers, and Foo Fighters. They are joined by two of the country’s largest music promoters, AEG Presents and Live Nation. The former operates the state-owned Texas Trust CU Theater in Grand Prairie, though a company spokesperson said it abides by state and local rules that conflict with its policies.

Live Nation operates the House of Blues network and other event venues in Texas, including the city-owned Dos Equis Pavilion in Dallas. There Maroon 5 played a concert on Monday evening and asked for proof of vaccination or a negative test. People who refused to show both of them were reportedly given a refund for their tickets.

A Live Nation Dallas marketing representative did not return a message.

Porter, the TABC spokesman, told us that the agency did not revoke or deny any licenses or permits in response to SB 968. He said TABC is working with companies to educate them about the new law and ensure compliance.

“This is mostly done through a conversation or written correspondence,” he wrote in an email. “At no point has the agency threatened to revoke or cancel a company’s alcohol license.

We appreciate TABC’s gentle approach, but what is really needed here is a clearer system that allows companies more flexibility.

Complicating the picture is a provision in Governor Greg Abbott’s COVID-19 Enforcement Order that states that no institution wholly or partially publicly funded can refuse entry to a customer if proof of vaccination is not presented. Isbell’s Fort Worth show was originally intended to be held at the Panther Island Pavilion, a venue owned by the taxpayer-funded Tarrant Regional Water District. Permits to use the venue put all responsibility and liability on event producers, according to a district spokesman, who said Isbell’s team has decided to move the venues.

Isbell is sticking to its admissions policy. Then where can he perform in Texas without possibly asking for government intervention?

Playing a concert or running a business in Texas shouldn’t be that difficult. Some venue operators told us they were concerned but were reluctant to speak publicly for fear of arousing Abbott’s wrath. They said they wanted to remain legitimate operators but fear they could lose business as they begin to fill event calendars after a year of downtime, capacity constraints and layoffs.

No venue wants to go back to that. Vaccines have been shown to be remarkably effective at fighting off coronavirus infections, even the more contagious Delta variant. Artists are wise to accept proof of vaccination when such a requirement can make the audience feel safer, fill venues, and get some stragglers to get the recordings.

Our government identity depends on being business friendly, which means giving venue operators the leeway to take reasonable steps to protect their employees, customers, and business bottom line. Requiring ticket holders to show vaccination cards or a negative test seems like a reasonable compromise. After all, shouldn’t we prefer to give companies the freedom to act as they see fit?

State lawmakers and the governor played a role in creating this confusing environment, but Texas cannot wait until the next regular legislature to find a solution. We urge you now to find a way to fix the problem.

Texans want to feel the electricity of a live show, be part of a crowd again, and feel safe. Artists and venues want to inspire them and make a profit. Let her.

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