A state judge on Friday granted the Municipality of Anchorage’s request for an injunction to order Kriner’s Diner to stop indoor dining and comply with the city’s emergency order.
Superior Court Judge Eric Aarseth said that the city demonstrated the public would risk irreparable harm if Kriner’s were allowed to remain open.
At issue Friday is an emergency order that went into effect Monday ordering all restaurants, bars and breweries to stop indoor dining for four weeks to help slow the spread of the coronavirus.
Kriner’s Diner and a small handful of other restaurants refused to comply.
Aarseth said the life and health of individuals is greater than Kriner’s interest in keeping their business open. Kriner’s attorney Blake Quackenbush said it wouldn’t be possible for Kriner’s to keep its doors open if it had to close dine-in service.
“Public health is not frivolous,” said Aarseth in his decision.
RELATED: Taking advantage of space that used to be for cars, downtown businesses work to weather pandemic
Municipal Attorney Ruth Botstein argued that an injunction was necessary to prevent further public health harms because of how the coronavirus spreads. While Kriner’s attorney Blake Quackenbush argued that there was no evidence to link Kriner’s to any outbreak. Botstein said that was irrelevant. If the city waited until there was an outbreak linked to Kriner’s, she said, it would already be too late.
“These are harms that can’t be put back in the bottle,” she said.
Because there are only a handful of restaurants open, there have been large crowds at Kriner’s, which is exactly what the order is designed to prevent.
Quackenbush said that despite the city’s broad powers during a public health emergency, a bigger issue was the constitutionality. He said the state constitution‘s equal protection clauses protect businesses from unequal treatment, which he said the city was doing because it was allowing other businesses like gyms and seafood processors to stay open. Quackenbush also said that the decision to allow some restaurants to continue with outdoor dining or take-out was unfair, since that business model didn’t fit with Kriner’s business model.
Botstein said that the business hadn’t even tried to take advantage of outdoor dining or take-out options.
The injunction puts state authority behind the municipality’s order to close Kriner’s Diner. Failure to comply could lead to charges of contempt of court.
This is a developing story.
"Stop" - Google News
August 08, 2020 at 02:38AM
https://ift.tt/30DHkgg
Judge grants city injunction to stop indoor dining Kriner's Diner - Alaska Public Media News
"Stop" - Google News
https://ift.tt/2KQiYae
https://ift.tt/2WhNuz0
Bagikan Berita Ini
0 Response to "Judge grants city injunction to stop indoor dining Kriner's Diner - Alaska Public Media News"
Post a Comment