Monday, U.S. District Court Judge Paul Maloney presided over a lawsuit hearing brought forward by the Michigan Restaurant and Lodging Association (MRLA).
In a statement released earlier this month, MRLA President and CEO Justin Winslow said that the lawsuit against a state-issued ban on dine-in services is due to the strain on restaurants and their employees.
“We have taken this action only after careful deliberation and as the last available option to prevent the outright devastation of restaurant operators and their hundreds of thousands of employees across the state,” Winslow said. “We want to be clear that we made several good faith efforts in advance of the public release of the Order issued November 15 to reach a compromise with the MDHHS that would have supported the goal of minimizing risk while still allowing for the continued operation of dining rooms.”
That comes after the state issued a three-week pause on certain businesses, which included dine-in services, along with the closure of other types of businesses. 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.”
Under state law, the Michigan Department of Health and Human Services (MDHHS) director may issue bans on gatherings in the interest of public health when a pandemic is ongoing.
“Indoor gatherings are the greatest source of spread, and sharply limiting them is our focus,” MDHHS Director Robert Gordon said in a previous statement regarding the ban. “The order is targeted and temporary, but a terrible loss of life will be forever unless we act. By coming together today, we can save thousands of lives.”
The ban was on dine-in services was previously challenged in court, but was later ruled in the state’s favor.
“We appreciate today’s ruling,” Gordon said in a previous statement regarding that verdict. “Orders similar to this one have successfully stopped COVID surges in many other countries. That’s why public health experts support the approach, and we believe these targeted and temporary steps are needed to avoid overwhelmed hospitals and death counts like we saw in the spring. If all of us mask up and avoid indoor gatherings, we will not only save thousands of lives and protect our frontline health workers, but we’ll also be able to enjoy indoor restaurant dining without fear.”
Judge Maloney added that he will issue an opinion as soon as possible.
