Judge Dismisses Indianapolis Bars’ Challenge of COVID-19 Restrictions

An Indiana federal judge recently dismissed a lawsuit from Indianapolis bars which challenged the city’s COVID-19 measures against bars and nightclubs.

U.S. District Judge Jane Magnus-Stinson rejected the Indianapolis bars’ claims after finding they lacked standing in their allegations against city officials. This dismissal motion follows a previous rejection by the same judge.

Indianapolis city officials previously asked the court to dismiss the claims against them, arguing the plaintiffs are “barking up the wrong tree” because city officials “are not responsible for public health orders issued by the [Marion County Public Health Department (MCPHD)] and Dr. Virginia Caine.” The Indianapolis bars argued against this justification, telling the court the city defendants have participated in the orders that closed the doors of their businesses.

Judge Magnus-Stinson was not persuaded by this argument and granted the city officials’ motion for dismissal.

“Plaintiffs do not furnish any specifics about how the City Defendants were involved in issuing the Public Health Orders published by the MCPHD Defendants under statutory authority granted specifically to health departments to take action to stop epidemics and signed by Dr. Caine,” Judge Magnus-Stinson wrote in her dismissal motion.

“Simply put, Plaintiffs’ de minimis conclusory allegations about the City Defendants — that they somehow worked in ‘conjunction with’ the MCPHD — do not tell ‘a story that holds together,’ to meet the pleading standard.”

The Indianapolis bars filed their legal challenge in September, arguing city and county officials had unlawfully targeted bars with their COVID-19 restrictions. Although nearly every business has been affected by pandemic rules, the bars argued they were singled out by Indianapolis’ coronavirus measures.

Specifically, bars and nightclubs such as the plaintiffs are reportedly subject to more restrictions than similar establishments.

Restaurants and bars that serve food are allegedly allowed to operate at up to 50% indoor capacity with no curfew. In contrast, bars and nightclubs that do not serve food are allowed to operate at only 25% of their indoor capacity. Furthermore, these businesses are reportedly subject to forced closures between the hours of midnight and 5 a.m.

The Indianapolis bars argued there is no scientific justification behind these orders that shows “COVID-19 is transmitted easier or is more deadly during any particular time of day … that people are more susceptible to the virus when they are drinking instead of eating … that people are more susceptible to the virus when they are dancing as opposed to working out at a gym.”

In December, Judge Magnus-Stinson refused to take action in the case by denying the plaintiffs’ request for injunctive relief.

The judge found the plaintiffs lacked legal standing to ask the court to stop the COVID-19 orders. Judge Magnus-Stinson’s recent dismissal order leaves no path forward for the plaintiffs’ claims.

Have your local bars and businesses been affected by COVID-19 restrictions? How have these restrictions affected you? Let us know in the comment section below.

The Indianapolis bars are represented by Richard C. Bucheri and John D. Norman of Poynter & Bucheri LLC.

The Indianapolis Bars Closure Lawsuit is Bar Indy LLC, et al. v. City of Indianapolis, et al., Case No. 1:20-cv-02482-JMS-DML, in the U.S. District Court for the Southern District of Indiana.

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