Judge Shuts Down Indianapolis Bars’ Challenge of COVID Restrictions

A federal judge has denied a group of Indianapolis bars’ request to stop the restrictions put in place during the coronavirus pandemic.

In issuing her order denying the relief, Judge Jane Magnus-Stinson said the plaintiffs had failed to present a legal basis for an injunction ending the restrictions.

“The Court also recognizes the difficulties faced by public health officials charged with protecting the public health during these unprecedented times,” the order said.

In September, owners of Indianapolis bars sued city and county officials over the restrictions, including targeted curfews and strict capacity limits for indoor venues, claiming their businesses were suffering more than others.

The defendants later removed to the Indianapolis Division of the U.S District Court for the Southern District of Indiana after determining some of the plaintiffs’ claims fell under federal rather than state law.

They argued the regulations on Indianapolis bars violated the Indiana Constitution, which guarantees the protection of everyone’s rights.

Indiana Gov. Eric Holcomb issued an executive order in March declaring a public health emergency and putting in place restrictions on businesses. Over the course of the pandemic, the restrictions have been eased, and some control was handed over to local health departments, according to the judge’s order.

The Marion County Public Health Department (MCPHD) has since issued orders affecting the operation of businesses such as bars and nightclubs in the county, which includes Indianapolis.

The judge also denied a request by the Indianapolis bars to remand the case back to state court.

The plaintiffs had argued state-law claims in the case “should be remanded back to state court because ‘[d]etermining the extent of the power of the [MCPHD] to issue these Orders is an issue best decided in Indiana’s trial and appellate [c]ourts,’” according to Judge Magnus-Stinson’s order. 

They further argued the state-law claims should take precedence over the U.S. Constitutional claims “because the federal claims ultimately hinge on interpretation of state laws and regulations.”

However, the judge wrote, the Court found the state-law claims didn’t warrant the case being remanded.

“Furthermore,” she wrote, “Plaintiffs’ federal and state-law claims rest on the same set of facts — namely, an analysis of the orders issued by the MCPHD under relevant law — and the federal constitutional claims are not dependent upon the resolution of the claims brought under the Indiana Constitution and state law.” 

Judge Magnus-Stinson also pointed out the Supreme Court had admonished courts to consider “‘the values of judicial economy, convenience, fairness, and comity’” when it comes to “determining whether to decline jurisdiction over a state-law claim.”

“[A]t this juncture,” she wrote, “judicial economy weighs against remanding the state-law claims to state court” in light of the changing situation regarding the pandemic, because to do that would mean the same facts would have to be argued in “two separate forums.”

What do you think of the restrictions on Indianapolis bars during the pandemic? Let us know your thoughts in the comment section below.

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

The Indianapolis Bars COVID-19 Restrictions 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, Indianapolis Division.

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