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Cleveland-Area Bars And Restaurants Sue State Over Coronavirus Rules

By Jo Ingles

Published June 8, 2020 at 11:12 PM EDT

The owners of eight bars and restaurants in Northeast Ohio are suing Gov. Mike DeWine and Department of Health Director Dr. Amy Acton over rules put in place for restaurants to reopen following closure due to coronavirus.

The attorney for the restaurants, Tom Connick, said the social distancing and other rules put in place by the state are unconstitutional.

The businesses in the suit, which was filed last week in Lake County, include Diamondback Bar, Harry Buffalo, Islander Bar and Grill, Grayton Road Tavern, Park Street Cantina, TownHall, Bar 30, and Frank and Tony’s.

“If they fail to do so or they can’t, they will be subject to strict criminal liability. And that’s unconstitutional. The director is not an elected official. She cannot supplant her own orders for the criminal code, especially when they are against the backdrop of very vague requirements that are almost unenforceable," Connick said.

Connick said the new rules — which include ensuring a minimum of six feet between people or putting up barriers between tables, asking customers not to enter if they are symptomatic, performing daily coronavirus symptom checks for employees, requiring all employees to wear facial coverings and encouraging customers to wear them as well — are unenforceable.

It’s unconstitutional to threaten owners with shutdown or loss of their alcohol permits due to violation of those rules, and that enforcing the rules could result in civil lawsuits from customers, Connick said.

“One of the standards is if one of my clients sees someone who they think has been infected with COVID-19, they can’t let them into the premises. Well, my clients are not medical doctors," Connick said.