Louisiana bar owners have lost a bid for a temporary restraining order against Gov. John Bel Edwards’ coronavirus order banning on-site alcohol consumption at taverns, but they continue to press their case in federal court.
Alexandria attorney Jimmy Faircloth filed the lawsuit in the U.S. District Court in Lafayette last month on behalf of bar owners who argue that the governor’s order violated their due-process and equal protection rights. Edwards’ order, which has been extended until Aug. 28, lacked hard evidence that the plaintiffs’ businesses pose an elevated risk of spreading the virus, the complaint says.
"Our position is real, real simple,” Faircloth told the Louisiana Record. “There’s no reason in the world to use such a blunt instrument on these bar owners.”
The court rejected the plaintiff’s request for a restraining order, but hearings will continue on the legal questions in the weeks ahead.
Evidence of COVID-19 spread at bars comes from a limited number of cases involving large crowds at high-capacity locations, usually around college campuses, according to Faircloth. No COVID-19 transmissions have been associated with the bars owned by the plaintiffs, the complaint states.
The lawsuit refers to Louisiana Department of Health data showing that of the 100,000 known coronavirus cases documented when the executive order was extended on July 23, only 0.45 percent – or 454 cases – were linked to bars.
“The governor’s own data disproves his hypothesis, that bars pose a disproportionately high risk to the general public warranting targeted restrictions,” the complaint says.
The plaintiffs are more than ready to abide by social-distancing restrictions, mask requirements and capacity limits applied to restaurants, according to Faircloth.
“Early on, I think the plaintiffs were hopeful that perhaps there would be some modification to the order that would allow them to conduct operations enough to pay the bills and to stay open,” he said. “That hasn’t happened.”
In his statement this week extending the coronavirus restrictions, Edwards pointed to White House Coronavirus Task Force recommendations calling for the continued ban on on-site alcohol consumption in bars in “red zone” states such as Louisiana, as well as mandatory mask requirements.
In their lawsuit, the plaintiffs are seeking damages for denial of constitutional rights or compensation for actions that they say amount to a confiscation of their private property during the pandemic.
“It is no longer sufficient to rely on hysteria, hearsay or biased commentary as a basis to impose overly broad, draconian restrictions on fundamental rights,” the complaint says.