Some Texas VFW posts risk permanent closure after getting grouped with bars in Abbott’s COVID-19 order

AUSTIN — Most of the nearly 300 Texas Veterans of Foreign War posts — and lodges operated by several other veterans’ organizations — are still feeling the pinch of Gov. Greg Abbott’s coronavirus order, and the VFW says it will have to close some posts permanently unless the order is changed.

“We are going to lose some posts over this,” said Mitch Fuller, state legislative chairman for VFW posts in Texas, explaining that state alcohol sales restrictions are cutting into vital revenue. “Because if a post can’t pay its mortgage on its building or its property, they’re going to have to shut down.”

VFW posts across the state have been closed for nearly five months now. Despite multiple efforts to get permission to reopen — and two letters addressed to Abbott — they are still waiting on a response from the governor’s office.

While Abbott briefly allowed reopening bars and businesses in May, it was his decision on June 26 to shutter bars and any business that receives more than 51% of its revenue from alcohol sales that still has the VFW posts shut down.

The majority of VFW posts are holders of a Texas Alcoholic Beverage Commission (TABC) license, and several posts in the state are facing an uncertain future.

In the first letter to Abbott, on July 1, VFW State Commander Richard Shawver asked the governor to allow them to remain open with the TABC portion of the building closed off.

Fuller said the group has not heard back from Abbott. The governor’s office did not immediately respond to a request for comment.

While the VFW has been in contact with TABC Executive Director Bentley Nettles, a retired brigadier general in the Texas Army National Guard, Shawver said in a second letter addressed to Abbott on Aug. 19 that the TABC has left them with limited options.

“Unfortunately, the best option is to have each of our 250+ Posts voluntarily surrender the TABC Licenses that they have been issued,” Shawver said in the letter. “For over 100 years the Texas VFW has provided essential services to the veterans of Texas. And we are having a very hard time understanding how massage parlors, tanning and nail salons are able to open and deemed essential and veterans’ services that we provide are not.”

The VFW, which has more than 68,500 members in the state, provides veterans with a wide range of services that also benefit their communities. Last year, VFW members worked on 154,456 community service projects, totaling over $4.1 million for Texas communities, according to the Internal Revenue Service.

The VFW has service officers who are also intake specialists for the Texas Veterans Commission (TVC), which allows them to help veterans file claims for VA benefits.

“The Post must remain open and operational to continue to serve the needs of its members, and all Veterans, their families, dependents, and survivors,” Shawver wrote in the July 1 letter. “Unfortunately, your orders have allowed state and local law enforcement officials to require that we not even open our doors due to the TABC license for the vital services we provide to veterans and the community.”

Shawver added, “This is a travesty that is having unintentional serious detrimental effects on our veterans and fellow Texans that can no longer acquire the services our VFW Posts provide.”

Other organizations affected

American Legion posts across the state also have been hit by Abbott’s coronavirus order. Similar to the VFW posts, American Legion Post 231 on Lake Texoma and several other posts in Texas were forced to shut their doors to alcohol sales.

“We do a lot for our veterans, and right now — with everybody being so divided — our veterans need each other more than ever,” Commander Shellie White told KTEN television in Ada, Okla., which also serves the Sherman-Denison area in Texas. “We’ve been told by TABC that we can’t go in the building … we can’t even have a coffee, a brunch.”

American Legion Post 447 in Round Rock was able to reopen, but it came at the expense of halting beer sales and transitioning to bring-your-own-bottle service.

Lounges at numerous lodges of The Benevolent and Protective Order of Elks also reported shutting down, but some have begun allowing drinks to be served if they’re consumed with food orders. The Elks, which serve veterans as well as others in their communities, have reported having financial strains on local lodges due to COVID-19 and its national organization in August voted to provide $1,500 in financial relief to the impacted communities.

Alcohol sales at all of these nonprofit organizations are used as a way to raise funds for local programs.

The TABC issued an emergency amendment last Tuesday in order to make it easier for bars and other businesses affected by Abbott’s order to qualify for a food and beverage certificate. Establishments no longer need an onsite kitchen, meaning food trucks and areas dedicated to store food from vendors will allow businesses to qualify for the certificate.

But, according to Fuller, this TABC amendment still creates plenty of obstacles for VFW.

“It is not easy to flip a switch to change from a bar to a restaurant. There’s inventory cost,” Fuller said. “You’re not going to be classified as a restaurant, with 51% or more of your sales to food, very easily. You’re going to have to buy food, buy prepackaged food as the TABC says. You’ve still got to buy and sell all those things.”

Fuller said that he has recently spoken with the state House Defense and Veterans Affairs Committee and the Senate Veterans Affairs and Border Security Committee.

“TABC need to immediately work with the Governor’s office to remedy the VFW posts’ situation and issue an exception that allows the VFW posts to open their doors for meetings and veteran services, alcohol free, without giving up their licenses,” said Rep. Dan Flynn, Chairman of the Texas House Defense & Veterans’ Affairs Committee. “They should able resume alcohol sales when bars are allowed to, without having to re-do the bureaucratic red rape that they’ve already been through.”

Rep. Chip Roy also sent Abbott a letter on Friday, putting additional pressure on the governor to lift his bar closure order.

While the ball appears to be rolling, Fuller said they would appreciate a response from Abbott.