MD Dining Bans Prompt Restaurant Group To Sue Jurisdictions

MARYLAND — A statewide restaurant group is suing Montgomery County, Prince George's County, and Baltimore City over recent bans on indoor and outdoor dining. The bans were enacted as coronavirus numbers and hospitalizations surge in much of the state, raising concerns for struggling businesses.

Restaurant Association of Maryland President Marshall Weston Jr. announced the group's lawsuit at a Friday morning news conference alongside several restaurant owners.

"Restaurants are the backbone of every community and neighborhood. And we cannot stand by and allow for this to happen," Weston said. "Restaurants are built to accommodate customers for indoor dining, outdoor dining, and carryout. We know that not all restaurants are the same. However, it is an impossible task to keep employees and remain open if two of the three legs of this stool are taken away from you."

Statewide, Gov. Larry Hogan cut capacity for indoor dining to 50 percent. He has, however, given all 24 jurisdictions in Maryland the choice to impose tougher restrictions.

Facing surging cases and hospitalizations, Montgomery and Prince George's counties recently decided to shut down all indoor dining. Baltimore City, which has the fourth-highest number of confirmed infections in Maryland, has eliminated both indoor and outdoor dining.

In response to these tougher dining restrictions, Weston said RAM is seeking preliminary injunctions and temporary restraining orders in circuit courts against the three jurisdictions. Nearly 100 restaurants are plaintiffs in the suits.

Earlier this week, a judge temporarily blocked Anne Arundel County's indoor dining ban. 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 Friday's news conference, Weston 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 a ban on indoor dining in Montgomery County, Martins said she has told her employees to file for unemployment and will probably close for good on Jan. 1.

"For the first time in 35 years, I can't tell my employees that everything will be OK," Martins said holding back tears. "It's an emotional time. I've always been able to do what my father has told me to do: take care of the people who take care of you."

Martins said her sales for December have totaled $13,000, which is about $2,000 short of what she needs to pay her landlord by the end of the year.

Michelle Robinson, a full-time server at Phillips Seafood Restaurant in Baltimore, said she's also struggling to make ends meet.

"I don't have enough food to feed my children, honestly," she said. "I can't get food stamps because I was considered middle class ... I can't even get another job because I'm nine months pregnant. What am I supposed to do?"

According to Weston, more than 10,000 Maryland workers are still laid off or furloughed as a result of coronavirus-related restrictions.

The hospitality industry is one of the hardest hit by COVID-19. Leaders in jurisdictions across the state — including Montgomery County, Prince George's County, and Baltimore City — have allocated tens of millions of dollars to struggling businesses in the food and beverage industry.

SEE ALSO:

• Baltimore City Closing Indoor And Outdoor Dining As COVID Spreads
• County Suspends Indoor Dining, Reimposes COVID-19 Restrictions
  
• Indoor Dining Shut Down, Capacities Trimmed In Prince George's
• Judge Blocks New Restaurant Regulations, Indoor Dining Continues
  
• Fundraiser To Help Anne Arundel Restaurant Workers Launched