(WWJ/AP) A judge has refused to block Michigan's ban on indoor dining during a surge in coronavirus cases in the state.
Federal Judge Paul Maloney says a "plausible explanation" for the state order exists: People can't eat or drink without removing their masks -- a step that could spread the virus.
Maloney turned down a request for an injunction with a week left in the three-week ban on indoor service at restaurants and bars in Michigan.
Restaurants fear that the steady loss of customers could put them out of business. They also fear a possible extension of the restrictions put in place by Gov. Gretchen Whitmer's administration.
Michigan Restaurant & Lodging Association President & CEO Justin Winslow, released the following statement in response to the judge's ruling:
"While we are disappointed with today’s ruling, it is important to note what Judge Maloney explicitly acknowledged in his ruling, stating that 'Michigan restaurants are at risk of, or have already suffered, irreparable harm under (Michigan Department of Health and Human Services) Director Gordon’s EO (Emergency Order).'
"It is in that vein that we will now transition our efforts to preventing an extension of the MDHHS Order beyond December 8 and call on Director Gordon to provide clear and specific data to justify the sustained closure of restaurants across the state," Winslow continued. "Presumptions and generalizations will not suffice and should no longer be tolerated given the significant human toll they have wrought from closing restaurants for a second time this year. Moreover, we believe this industry, like any other that has been forced to close, deserves a clear pathway to the full reintegration of their business, with reliable criteria and metrics to be met from Director Gordon to facilitate that reintegration. We have ideas and reasonable solutions to offer and reiterate our willingness to engage in a substantive dialogue with this administration should they wish to do the same."
Looking ahead, the governor says she doesn't know yet if MDHHS will extend the order, which is currently set to expire on Dec. 8.
"It's just too early to know where we're going to be five days from now," Whitmer said, speaking live on WWJ Newsradio 950 Wednesday. "I'm as eager as anyone to re-engage on this front, but we've just got to be sure we're being smart."
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While casinos, stadiums theaters and more are also closed during this "three-week pause," Whitmer said restaurants in particular are concerning.
"There are so many different households together with their masks off, eating, and it's indoors ... All the experts are telling us this is one of those places where we really need to tighten up to get our numbers down."
The indoor dining ban has been met with some defiance. At least four restaurants have been hit with $1,000-a-day fines for serving meals indoors.
Earlier this week, Andiamo CEO Joe Vicari sent a letter to other Michigan restauranteurs urging them to "band together and fight back" -- reopening all at once in defiance of the order if it's renewed.
"This this not political, it's not to be deceitful," Vicari said. "It really is just to try to keep the restaurants alive."
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