Bowling Alleys Lawsuit Aims To Strike COVID-19 Ban

In Michigan, bowling alley owners have sued Governor Gretchen Whitmer and Attorney General Dana Nessel, asking for recreational bowling to be permitted consistently across the state.

Bowling Centers Association of Michigan, Forest View Lanes LLC, Spartan West Bowling Center, Royal Scot Golf & Bowl, Spectrum Lanes, and Merri Bowl Lanes have called a Michigan ban on recreational bowling in some areas inconsistent.

They claim that many other activities that pose a higher risk of transmitting COVID-19 are permitted, yet bowling is still prohibited. Now, they ask for the ban to be lifted and for courts to open bowling alleys so that the general public can go back to bowling for fun. 

In filing their Michigan bowling alley lawsuit, owners of bowling alleys say that they understand the need for restrictions on activities to protect the public from COVID-19 and to slow the spread of the disease. However, they assert that executive orders implemented by Whitmer and Nessel are inconsistent and impose unnecessary restrictions on bowling alleys.

They say that the state’s requirement that bowling alleys remain closed to recreational bowlers is unnecessary, because the bowling alleys can open safely. They note that other industries with arguably higher transmission risks are permitted to restart, including semi-professional sports like semi-professional bowling.

Because of the governor’s executive orders, the bowling alleys say that they and the bowling industry at large has taken a financial hit. MI Live explains that right before the pandemic struck, Spectrum Lanes was ready to open up a $67 million renovation on their center. Now, they are not able to reap profits from this investment because of the state restrictions, they claim. In their opinion, this is just one of the ways that bowling alleys have been financially injured.

Now, the five bowling locations ask the court open bowling alleys, so that the businesses can serve customers in a safe way during COVID-19.

The bowling alleys stress that they have taken safety measures to protect consumers already, and are prepared to take more steps to make bowling a safe and viable option for customers. M Live notes that Merri Bowl has taken steps to install a “bi-polar ionization plasma filtration system and UV-C light purification” in the businesses’ HVAC system in an effort to kill COVID-19. Reportedly, Forest View Lanes has already shelled out $30,000 and counting for COVID-19 safety features.

The bowling alleys challenge the nature of the governor’s executive order, saying it is ineffective in accomplishing its goal of protecting Michiganders. The plaintiffs also say that the order violates the Fifth and Fourteenth Amendments of the U.S. Constitution. 

They dig into their objection as to why they think the order is ineffective, noting that the “ostensible purpose” of the order is to “prevent person-to-person contact and spread of COVID-19.”

However, in contrast to what the governor’s orders have suggested, they say the “threat or likelihood of contact and spread does not depend on whether a business activity is deemed by a government to be essential or non-essential.”

The plaintiffs note the varying ways in which state governors across the country have chosen to decide which businesses get to stay open during the pandemic and which must shutter or alter operations drastically.

They say that the way of slowing and preventing the spread of COVID-19 depends instead on the safety measures implemented by a business to keep customers safe.

According to the Michigan lawsuit asking the court to open bowling alleys, bowling locations are more than capable of implementing sufficient safety measures to protect customers and slow the spread of COVID-19.

The plaintiffs note that they can require customers to wear masks and social distance – notable requirements of businesses allowed to open. They go on to say “an average size of a bowling center in the state of Michigan is 30,000 square feet, much larger than any restaurant,” circling back to their argument that businesses like salons, dentists’ offices, and restaurants are allowed to open despite bowling being safer than these activities.

Have you found a new recreational activity during COVID-19? In the comments blow, share how you’ve changed your hobbies since the onset of the pandemic. 

The bowling alleys are represented by Kenneth T. Brooks of Honigman LLP. 

The Michigan Bowling Alley COVID-19 Restrictions Lawsuit is Bowling Centers Association of Michigan, et al. v. Gretchen Whitmer, et al., Case No. 1:20-cv-00737, in the U.S. District Court for the Western District of Michigan.

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