The city of Emporia has dropped their criminal case against the owner of a bar who had been charged with violating a shutdown order. That's according to a release by the establishment's legal representative, Kriegshauser Law.
The owner of an establishment called The Gym was criminally charged for operating his business in violation of a local ordinance that made it a crime to violate a local health order. Lyon County had issued a declaration that the County would remain in "Modified Phase 2" of the Governor's re-opening plan which allowed restaurants to open but not bars. The order did not define "bar" or "restaurant."
In an on-site inspection the same day the declaration was issued, a local health official determined, based on her own legal interpretation, that The Gym was a "bar" instead of a "restaurant." The Gym had a food service license and sold food.
This case was the only attempted criminal prosecution in the state conducted pursuant to the Governor's COVID-19 orders.
