ST. LOUIS (KMOX) - The Missouri Restaurant Association (MRA) is joining in a growing lawsuit against St. Louis County over the ban on indoor service at bars and restaurants. The ban begins Tuesday, but MRA Chief Executive Officer Bob Bonney says the order will likely result in the permanent closure of many restaurants across the county.
In a statement, Bonney says, "Restaurants in St. Louis County will be devastated by this shutting down of in-person dining. Many industry employees will find themselves out of work with holidays approaching."
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He could not go into details of the legal rationale behind the suit, on advice of Association attorneys, but says the directive from County Executive Dr. Sam Page was issued "without due process or and opportunity for public comment as would have been the case if the matter had been brought before the County Council."
Dr. Page says his order is order is on solid legal ground, "We've gone through this before." He said Monday. "Our public health orders are pretty established in law."
Other places in the country contesting local bar and restaurant shutdowns - including Illinois - base their complaints that second rounds of restrictions go beyond what is prescribed by local legislators. In other words, public health leaders have the authority to declare emergencies and implement measures, but - once they are removed - legislative bodies must pass further measures to allow for another round of public health orders.
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That point is expected to be tested in St. Louis County as several restaurants are filing suit, asking for emergency relief from the orders.
For each side's part, Dr. Page understands the pain caused by his orders on the industry, knowing they, "Will always be frustrated by that impact, and we feel badly for them."
And restauranteurs know they have to do their part to curb the pandemic.
"We did this the last time, and I though we were really doing well." Says Harry Parker, owner of Gulf Shores in Creve Coeur. "We only did 25% to 30% of our sales and, of course, we can only employ about half of our people to do that."
He's among the leaders of the suit. Both sides seem to understand there can be no real winners in dealing with a rising pandemic.
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