Restaurant groups sue Michigan to block dine-in restaurant ban

Michigan’s latest dine-in ban at restaurants and bars is headed to court as the Michigan Restaurant and Lodging Association is demanding a judge block the ban.

The MRLA filed the lawsuit on Tuesday, Nov. 17, just hours before the three-week ban goes into effect at midnight Wednesday. A pair of restaurant and hospitality companies – Suburban Inns and Heirloom – are also plaintiffs in the lawsuit against Michigan Department of Health and Human Services Director Robert Gordon.

The lawsuit is filed in U.S. District Court, Western District of Michigan.

“Director Gordon’s decision to effectively shutter restaurants for a second time this year – this time with no safety net of federal stimulus dollars to soften the blow to already ailing operators and employees – will absolutely lead to a catastrophic economic fallout,” plaintiffs argue in the lawsuit.

Gordon can “prohibit the gathering of people” during an epidemic, under state law.

Michigan restaurants were closed for dining in starting in March when COVID-19 hit Michigan, but reopened with restrictions in June. Masks were required except when eating and drinking, tables were limited to six people and buildings were limited to 50% of their capacity.

While the MRLA pushed for more than 50% capacity in the late summer months, state lawmakers didn’t budge.

In an unsuccessful attempt to compromise, the MRLA said it would support a 25% capacity limit and 10 p.m. curfew instead of closing dine-in seating altogether. Takeout and outdoor dining are still available – but even some forms of outdoor dining aren’t allowed.

There are 54 active COVID-19 outbreaks tied to restaurants and bars right now, accounting for 5.5% of all outbreaks. Only long-term living facilities, schools, manufacturing/construction and health care settings have more.

The MRLA projects 6,000 restaurants could shutter by spring if there’s a prolonged closure and no federal aid. It also expects 40% of restaurants to close temporarily during this time and 250,000 Michigan employees in the industry to be laid off.

https://www.mlive.com/public-interest/2020/11/restaurant-groups-sue-michigan-ask-court-to-block-dine-in-restaurant-ban.html