(WWJ) The Michigan Restaurant and Lodging Association is suing the director of the state health department over the statewide shutdown of indoor dining.
Beginning Wednesday, restaurants and bars will be closed for indoor service for three weeks, through December 8. Casinos, movie theaters, bowling alleys and ice rinks will also be closed in an effort to curtail the spread of the coronavirus.
The suit filed in U.S. District Court claims the shutdown is in violation of restaurant owners' constitutional rights -- while other "nonessential" businesses with indoor clientele are allowed to remain open. "For example, under the November 15 order it is legal to get a tattoo or a haircut but not to eat a meal indoors at a restaurant," the lawsuit states.
In a statement, MRLA President and CEO Justine Winslow says this legal action was their last available option to prevent "the outright devastation of restaurant operators and their hundreds of thousands of employees across the state."
Winslow said the association initially tried to reach a compromise to minimize risk while keeping restaurants open, proposing tighter restrictions such as a 25% capacity limit and 10 p.m. curfew.
In making his case, Winslow points to an MRLA survey that suggests more than 40% of Michigan restaurants will close if dining rooms are closed, and 250,000 employees could find themselves laid off during the holiday season.
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The lawsuit states that while restaurants could rely on federal dollars and patio service to get through the previous COVID-19 shutdown, that money is gone, and Michigan's winter weather will make offering outdoor seating impossible.
Winslow told WWJ's Sandra McNeill that restaurants -- which amount to about 4.3% of outbreaks in Michigan -- are being unfairly targeted.
"I just think this industry has demonstrated time and time again that they can operate safely, that they do operate safely for both guests and employees," he said. "And considering the size and scope of the industry the amount of transmission that comes from this industry is minimal."
On a conference call with other Midwest governors Tuesday, Gov. Gretchen Whitmer was asked what she will do for restaurant employees and others who find themselves out of work during the shutdown.
She said Michigan simply does not have the money to help.
"Part of the harsh reality that governors in all states are confronting is incredibly low resources to meet the challenge that every one of us is confronting," Whitmer said.
"The first couple of stimulus packages that happened really helped people who were unemployed, really helped us meet the needs of small business. We are now in a moment where it is a truly serious situation -- it is dire -- and we need a fourth stimulus."
The governor's office responded to questions about the MRLA's lawsuit with the following statement:
“We can’t comment on pending litigation. The actions taken by Director Gordon this week are what public health experts say we need to take to avoid overwhelmed hospitals and death counts like we saw in the spring. We beat this last time by listening to public health experts, and we can beat it again. These targeted and temporary measures will also protect the medical workers, first responders, and other essential workers putting their lives on the line to protect us.
"Now it’s time for President Trump, Sen. McConnell, and Speaker Pelosi to work across the aisle on a bipartisan COVID relief package that includes expanded unemployment benefits for working families who’ve lost a job, and support for our restaurants, small businesses, and public schools. We also need the Michigan Legislature to do its part by passing a permanent extension of unemployment benefits to 26 weeks before they expire at the end of this year. The governor is ready to roll up her sleeves and get to work.”
This comes as the Michigan Department of Health and Human Services says COVID-19 cases and hospitalizations in the state are surging to the highest levels yet, and health systems are nearing capacity.
The state added 7,458 confirmed cases and 79 deaths on Tuesday, bringing Michigan's pandemic totals to 272,034 confirmed cases and 8,128 deaths.
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