Texas official asks judge to void rules requiring COVID-19 tests for state Capitol visitors

The Texas agricultural commissioner is urging a judge to throw out a rule that prohibits visitors from entering the state Capitol in Austin without a negative COVID-19 test or proof of vaccination.

The Austin Statesman reported that Sid Miller argued Tuesday that the rule violates a provision in the state’s constitution guaranteeing the right of residents to petition the state legislature.

“I believe in the statement in the constitution that the citizens of Texas have the right to petition their government. I can’t see where it says if they’ve taken a COVID vaccine, or if they’ve taken a COVID test, or they take a, you know, strep test or if they take an HIV test,” Miller told state District Judge Jan Soifer of Travis County.

“I believe in transparency. I believe in open government. And this restricts the public’s access to petition their government,” he continued, while likening a wristband he received after a negative COVID-19 test to being “tagged like a cow.”

The rule was implemented in January after the Texas Capitol reopened to the public following a months-long closure instituted amid a surge of COVID-19 infections.

Texas has seen its rate of new infections remain largely steady in recent weeks after the state recovered from a major spike over the late fall and winter. State health officials reported 2,760 new cases on Tuesday.

Attorneys for Texas Attorney General Ken Paxton (R) reportedly defended the rule by arguing that citizens had other means, such as email or phone calls, to petition members of the legislature.

“No one is required to undergo a COVID test in order to access constitutional rights. The testing is voluntary,” Emily Ardolino, an attorney with Paxton’s office, argued in court, according to the Statesman.

“There are many alternate means to participating in petitioning government [and] observing sessions,” Ardolino reportedly added. “It really just comes down to, they don’t want to. Disagreement with a government policy does not create a constitutionally protected right.”

Soifer said she hoped to issue a ruling on the question by Friday.