LANSING, MI (WKZO AM/FM) — A lawsuit brought forward by the Michigan Restaurant and Lodging Association (MRLA) seeking to overturn a three-week state pause on dine-in restaurant services and other types of businesses will not be honored, U.S. District Judge Paul Maloney ruled Wednesday.
In a statement released earlier in November, MRLA President and CEO Justin Winslow said that the lawsuit against the ban is due to the strain on restaurants and their employees. The ban was on dine-in services was previously challenged in court, but was later ruled in the state’s favor.
That order is set to expire next week, but the MRLA is concerned it will be extended.
“If the closure is prolonged and federal stimulus dollars are not made immediately available, upwards of 6,000 more restaurants will permanently close by spring,” Winslow said. “For the record, approximately 2,000 restaurants have already closed their doors permanently in Michigan in 2020.”
Judge Maloney heard the case on Monday, but did not issue a ruling at that time.
According to a report from the Associated Press (AP), Judge Maloney ruled Wednesday in the state’s favor.
“The court finds that a plausible explanation for the emergency order exists: Restaurant patrons cannot wear a mask while eating or drinking,” Maloney said. “Plaintiffs complain that they are being treated differently than similar businesses, but as the court noted in its previous order, individuals can patronize the businesses that remain open while wearing a mask.”
In a response statement, Winslow said the following:
“While we are disappointed with today’s ruling, it is important to note what Judge Maloney explicitly acknowledged in his ruling, stating that ‘Michigan restaurants are at risk of, or have already suffered, irreparable harm under Director Gordon’s EO.’ It is in that vein that we will now transition our efforts to preventing an extension of the MDHHS Order beyond December 8 and call on Director Gordon to provide clear and specific data to justify the sustained closure of restaurants across the state.
Presumptions and generalizations will not suffice and should no longer be tolerated given the significant human toll they have wrought from closing restaurants for a second time this year.
Moreover, we believe this industry, like any other that has been forced to close, deserves a clear pathway to the full reintegration of their business, with reliable criteria and metrics to be met from Director Gordon to facilitate that reintegration. We have ideas and reasonable solutions to offer and reiterate our willingness to engage in a substantive dialogue with this administration should they wish to do the same.”
However, Maloney noted that he may decide to question the Michigan Supreme Court about whether the law used to enact the emergency order is constitutional or not.
Michigan Department of Health and Human Services (MDHHS) Director Robert Gordon may issue bans on gatherings in the interest of public health when a pandemic is ongoing, per state law.
That decision will be made on December 17 at a different hearing.
In a separate statement issued Wednesday, Director Gordon said the following:
“We are happy that today’s ruling keeps in place measures that will save lives by limiting specific indoor gatherings that greatly increase the risk of COVID-19 spread. The science is settled: public health experts from around the nation and world say these types of actions must be taken to prevent the health care system from being overwhelmed by COVID-19 cases.
These protocols on specific indoor gatherings, along with wearing face masks, social distancing and frequent handwashing, give Michigan a fact-based approach to slow the spread of COVID-19 so we can return to a strong economy and get back to normal safely as soon as we can.”
