Judge Refuses To Block Michigan Ban On Indoor Dining

MICHIGAN — A ban on indoor dining at Michigan's eateries will continue through Tuesday, following a ruling Wednesday by U.S. District Judge Paul Maloney denying the Michigan Restaurant & Lodging Association's bid for a temporary injunction in the case, meaning restaurants in Michigan still cannot provide indoor dining service until a three-week pause issued by the state ends on Tuesday.

Michigan Restaurant & Lodging Association CEO Justin Winslow said his organization is disappointed with Maloney's ruling, but noted the judge acknowledged the irreparable harm the executive order had already dealt to some Michigan businesses.

"It is in that vein that we will now transition our efforts to preventing an extension of the MDHHS Order beyond December 8 and call on Director Gordon to provide clear and specific data to justify the sustained closure of restaurants across the state," Winslow said in a statement to Patch. "Presumptions and generalizations will not suffice and should no longer be tolerated given the significant human toll they have wrought from closing restaurants for a second time this year.

"Moreover, we believe this industry, like any other that has been forced to close, deserves a clear pathway to the full reintegration of their business, with reliable criteria and metrics to be met from Director Gordon to facilitate that reintegration," Winslow continued. "We have ideas and reasonable solutions to offer and reiterate our willingness to engage in a substantive dialogue with this administration should they wish to do the same."

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Maloney heard arguments from both sides involved in the lawsuit Monday in Kalamazoo. He had asked attorneys representing the state as well as the Michigan Restaurant & Lodging Association to provide more information before issuing his order, according to The Detroit Free Press.

Attorneys for the Michigan Restaurant & Lodging Association argued Monday that the restaurant industry was on the verge of collapsing due to the shutdown, and fears that Gov. Gretchen Whitmer could extend the pause after the Dec. 8 shutoff date would be even more crushing, the Free Press reported.

Whitmer announced the restrictions Nov. 15, after the state saw a significant uptick in new cases and deaths stemming from the coronavirus. The order took effect Nov. 18.

Read More: Michigan Restaurants Sue MDHHS Over Coronavirus Restrictions

Among the restrictions, indoor residential gatherings are limited to two households at any one time, and families are urged to interact with only one other household over the next three weeks.

"This situation has never been more dire," Whitmer said during a news conference announcing the restrictions. "As the weather gets colder and people spend more time indoors, the virus will spread and more people will get sick and there will be more fatalities."

The restaurant/lodging group filed the lawsuit Nov. 17. The group's CEO, Justin Winslow, said the group made "several good faith efforts" in advance of the order. Winslow said the lawsuit was the "last available option to prevent the outright devastation of restaurant operators and their hundreds of thousands of employees across the state."

Attorneys for the Michigan Restaurant & Lodging Association previously tried to get the court to grant a temporary restraining order, seeking to see an immediate stop to the ban. However, Maloney on Nov. 20 struck down that request.