Judge Denies Efforts To Overturn Michigan Indoor Dining Ban

U.S. District Judge Paul Maloney opted to stand by emergency orders that bar restaurants from serving customers indoors.

The Michigan Department of Health and Human Services announced new restrictions in mid-November — including banning indoor dining — that would remain in effect for three weeks. Restrictions are set to remain in place through December 8.

The Michigan Restaurant & Lodging Association and some restaurant officials filed a suit against health department director Robert Gordon, arguing they could operate safely, according to the Associated Press.

Maloney denied the Michigan Restaurant & Lodging Association’s request for an injunction on Wednesday (December 2).

“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.”

Joe Vicari — whose group owns more than two dozen restaurants, including Andiamo — recently sent a letter to fellow restaurant owners in Michigan, urging them to take action.

His restaurant group later clarified that he didn’t aim to persuade restaurant owners to defy state orders, but to “brainstorm” ways to remain open, according to the Detroit Free Press.

“Our industry cannot survive another extended closure,” Vicari wrote. “Thousands of restaurants and tens of thousand of our employees cannot survive it either. We need to band together and FIGHT BACK, but we need to do this as a United Group of Michigan Restaurant Owners…We are only strong if we stand together!”

Michigan health care professionals, however, urged restaurant owners to avoid reopening too soon.

“We understand that these protections against COVID-19 can add financial stress on already strained businesses and are sympathetic; however, these businesses will suffer more devastating damage if customers and staff continue to fall ill and possibly succumb to this unpredictable infection,” Dr. Ijeoma Nnodim Opara said.

“If we don’t get this pandemic under control we are committing to never giving ourselves the chance of an economic recovery," Opara added. "We urge that the federal government provide interim assistance to help small businesses stay afloat without having to recklessly reopen and endanger more people.”

Photo: Getty Images