Judge Upholds Ban On Indoor Dining In Montgomery County

BETHESDA, MD — The ban on indoor dining in Montgomery County was upheld Wednesday night, dealing a blow to dozens of restaurant owners who sought a temporary restraining order and an injunction against the county.

County Circuit Court Judge James Bonifant said he would not enter the temporary restraining order, explaining county leaders were "doing the best they (could)" to stem the spread of COVID-19, The Washington Post reported.

"The county council, the county executive are trying to protect this community from death and from the virus," Bonifant said. "I believe that standard is clear, and I believe that they are doing the best they can."

Facing surging cases and hospitalizations, the county council passed an executive order on Dec. 15 that temporarily suspended indoor dining. Under the order, outdoor dining, carryout, and delivery are still allowed.

In response to these tougher dining restrictions, the Restaurant Association of Maryland filed a lawsuit against the county in an effort to reverse the ban. Lawsuits were also filed against Prince George's County and Baltimore City for their bans on indoor and outdoor dining.

Bonifant said he recognized that shuttering indoor dining would put a financial strain on restaurants, but explained that the ban was about reducing the number of fatalities and infections, according to The Post. He said he would schedule another preliminary injunction early next year.

"At this stage...I cannot agree to enter the temporary restraining orders," he said, according to The Post.

County Executive Marc Elrich tweeted a statement about the judge's decision on Wednesday night.

"We are pleased with the outcome of today's ruling regarding indoor dining. The steps we have taken throughout the pandemic were done out of a grave concern for public health and today's ruling supported that notion," he said.

The ruling is similar to the ones made in Prince George's County and Baltimore City earlier that day. All three lawsuits were launched last week by the Restaurant Association of Maryland.

They come shortly after a judge temporarily blocked Anne Arundel County's ban on indoor dining. County Executive Steuart Pittman's order would have shuttered indoor dining at bars and restaurants until Jan. 13. But the judge argued that the mandate put an unfair burden on restaurants compared to other industries. The temporary restraining order lasts until Dec. 28 at 9 a.m., when the case has its final hearing.

Speaking at a news conference last week, Restaurant Association of Maryland President Marshall Weston Jr. said there is "no evidence" linking the spread of COVID-19 to restaurants.

"There is no evidence linking the spread of COVID to restaurants. Relying on the potential for spread is not evidence," Weston said. "Rather than having gatherings and parties in our homes, restaurants provide a safe and regulated space to meet and gather with friends safely."

Lynn Martins, the owner of Seibel's Restaurant in Burtonsville, said health officials should only shut down businesses that don't follow COVID-19 health and safety guidelines.

"I have no problem being the mask police," Martins said. "I have no problem being the social distance police."

Due to the ban, Martins said she has told her employees to file for unemployment and will probably close for good early next year.

"For the first time in 35 years, I can't tell my employees that everything will be OK," Martins said.