Judge denies 20 bars’ request to end COVID-19 limits in Indianapolis
INDIANAPOLIS (WISH) — A federal judge has denied a request from 15 Indianapolis bar owners to stop coronavirus restrictions put in place by Mayor Joe Hogsett and the county’s public health department.
In September, the group of bar, restaurant and nightclub owners asked a judge to rule the local health orders unconstitutional. They said their businesses are dealing with revenue loss and layoffs, and may have to close.
Indianapolis has had coronavirus restrictions of various measure in place since March. Marion County Public Health Department’s latest order requires bars and nightclubs to have 25% capacity indoors and restaurants to have 50% capacity with social distancing. All of those plus food retailers must be closed from midnight to 5 a.m.
Jane Magnus-Stinson, chief judge of the U.S. District Court in Indianapolis, said in her denial of the lawsuit that the bars owners “have not presented a legal basis for the issuance of a preliminary injunction” of the local health orders.
“The COVID-19 pandemic has affected nearly every person and business this this (sic) country over the last nine months, and this case presents a stark example of its devastating effects. The Court is indeed sympathetic to the hardships that the COVID-19 restrictions have placed on Plaintiffs, and this ruling in no way diminishes those hardships,” Magnus-Stinson said in the ruling. “The Court also recognizes the difficulties faced by public health officials charged with protecting the public health during these unprecedented times.”
Attorney Richard Bucheri represents the owners of the 20 businesses involved in the lawsuit:
- Bar Indy LLC: Tiki Bob’s Cantina.
- Revel Bar Indy LLC: INVY Nightclub.
- Isentark Entertainment LLC: Coaches Tavern.
- BEMbars Inc.: Courtside Convenience (S.O.S. Pub).
- R&D Companies Inc.: Joe’s Grille Castleton.
- Whistle Stop Inn Inc.: The Whistle Stop Inn.
- Classic 46 Inc.: That Place Bar & Grill.
- Tad Indy Inc.: Taps and Dolls, After 6 Lounge, Jokers Live Indy comedy club, 247 Sky Bar.
- New Journey LLC: Whiskey Business, Lawrence.
- I2V LLC: Whiskey Business, Southport.
- Kore Enterprises Inc.: Average Joe’s Sports Pub, Rock Lobster, Mineshaft Saloon.
- Basey LLC: Basey’s Downtown.
- Milo Entertainment LLC: The Red Room.
- 5135 Holdings Inc.: Mickie’s Pub.
- D & D Lugar Inc.: Sports Page Lounge.
Bucheri said in an email to News 8 on Monday, “While the Court has issued its orders on some preliminary motions, the litigation is still pending so we will have no specific comment. As we fight on, we ask the community and its leaders to continue to support the local business owners and their families that have helped transform Indianapolis into a vibrant and exciting city, from which we all benefit.”
Hogsett has previously said he understands the “disruptive nature” of some of the public health orders, “but I also believe they have allowed us to lower the positivity rate and to at least halt the unfettered spread of the virus.”
The judge’s ruling was issued Tuesday.
Indiana reported Thursday a total of 7,391 coronavirus deaths. A total of 482,734 Hoosiers have tested positive for COVID-19. According to the Regenstrief Institute, 315,035 Hoosiers are estimated to have recovered from the virus.