A federal judge has refused to block the Michigan Department of Health and Human Services’ ban on indoor dining.
When the MDHHS issued restrictions on indoor dining two weeks ago designed to slow the surge of COVID-19 cases, the Michigan Restaurant & Lodging Association sued the state. It brought four federal claims and a pair of state claims.
“Alleging that the Constitutional rights of restaurant operators have been violated.”
Michael Huff is a corporate attorney with Mika Meyers.
“The gist of those claims are that by not being allowed to operate, the Commerce Claus has been violated. The restaurant operators due process rights have been violated. They’re being treated unfairly compared to other industries. Their opportunity to make an income and operate their business using their property has been taken.”
Wednesday in Grand Rapids’ Western District, Federal judge Paul Maloney denied the Michigan Restaurant and Lodging Association’s injunction.
“There are plausible reasons that they can be shut down. Specifically, he called out the example that because someone can’t eat while wearing a mask, the government has plausible reasons to close them under the MDHHS order and that those reasons may not apply to other businesses.”
Another hearing will be held December 17th determining if the state law question of Separation of Powers and Non-delegation Doctrine should be certified to the Michigan Supreme Court giving an opinion on the constitutionality of the MDHHS order.
In October, Governor Gretchen Whitmer’s powers were challenged on this ground and ruled unconstitutional by the Michigan Supreme Court.
I’m Patrick Center.