A federal appeals court has upheld a coronavirus order issued by Gov. John Bel Edwards that forced traditional bars around the state to stop serving alcohol and food to customers on their premises.
The U.S. Court of Appeals for the Fifth Circuit rejected an appeal from 21 Louisiana bar owners who sought an injunction against Edwards’ July order. The complaint, which was also rejected by federal district courts in Louisiana, was based on equal protection and due-process arguments.
Alexandria attorney Jimmy Faircloth, however, said the defeat at the Fifth Circuit is not the end of the bar owners’ efforts to fight the governor’s proclamation. Although no decision has been made to appeal the Fifth Circuit’s Jan. 13 decision, the bar owners are pursuing a class-action complaint at the state level, he said.
“The ruling merely affirms the denial of an injunction based on federal law,” Faircloth told the Louisiana Record. “Importantly, the ruling explicitly confirms that AG bars (traditional bars with Alcohol General permits) were differentially treated, despite the governor’s denial.”
The practical impact of Edwards’ coronavirus bar order was that traditional bar owners could not serve alcohol or food at their locations, according to the appeals court opinion. But restaurant bars operating under AR permits could continue operating under certain conditions.
“The question thus becomes whether these business owners are entitled to compensation under state law for the taking of their property for the public welfare,” Faircloth, who represented the bar owners in the litigation, said. “We believe the answer is clearly yes.”
The Fifth Circuit opinion authored by Justice Stephen Higginson, however, found there was adequate justification for treating restaurants and bars differently.
“In sum, the bar closure order’s differential treatment of bars operating with AG permits is at least rationally related to reducing the spread of COVID-19 in higher-risk environments,” the decision said.
The opinion noted previous expert testimony about how the primary purpose of those who frequent bars is to socialize, which could lead to an increased risk for spreading the virus. In contrast, restaurant-goers are usually groups that gather to eat a meal together at a table, the ruling said.
“We are sympathetic to the bar owners, their employees and other businesses who are hurting financially and face great adversity during this time,” the ruling states. Even so, the judges expressed reluctance to second-guess a governor’s health-and-safety determination and denied the bar owners any injunctive relief.