Court Dismisses Case Challenging CT Governor's Executive Orders

CONNECTICUT — A restaurant's case against Gov. Ned Lamont, challenging his authority to impose restrictions on businesses during the coronavirus pandemic, was dismissed Wednesday.

The U.S. District Court in Connecticut granted the governor's request to dismiss "Amato v. Eicker," which also named New Haven Mayor Justin Elicker as a defendant.

The plaintiffs, who operate 50s Lounge on Fitch Street in New Haven, filed their original complaint in April 2020. The restaurateurs have contended that Lamont's executive orders restricting the size of social and recreational gatherings, and requiring that restaurants serve food and beverages only for off premises consumption, violated the constitutional right to assemble, among other protected freedoms.

In praising the court's decision, state Attorney General William Tong said the Connecticut constitution "is unambiguous" on the topic and gives the governor broad authority during public health and civil preparedness emergencies.

"The federal court’s decision today affirms what we already know and leaves no doubt that the Governor's actions during this pandemic have been fully lawful and justified," Tong said in a statement. "The COVID-19 pandemic has touched thousands of Connecticut residents and has required immense personal sacrifices of all kinds, but nothing is more important right now than saving lives and protecting public health."