Restaurants & Bars

Restaurants Sue Philly, Mayor Over New Coronavirus Restrictions

A lawsuit filed Thursday by Philadelphia Restaurant Owners Against Lockdown LLC says the new restrictions violate the U.S. Constitution.

PHILADELPHIA — The City of Philadelphia and Mayor Jim Kenney are the targets of a new lawsuit filed by restaurants in Philadelphia over the new coronavirus restrictions that go into effect at 5 p.m. Friday.

The civil suit was filed Thursday in the Eastern District court by 15 restaurant owners who are under the banner "Philadelphia Restaurant Owners Against Lockdown LLC."

The suit seeks an injunction on the city and Kenney to prevent the instating of the new restrictions, which include a new ban on indoor dining.

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You can see full details of the new restrictions here.

A ban on indoor dining violates several provisions of the United States Constitution, the suit alleges.

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Additionally, the ban is being imposed without providing compensation to affected businesses, the suit reads.

Specific references to the Fifth and Fourteenth Amendments are made in the suit.

The suit also seeks to award of costs and expenses, including reasonable attorneys’ fees, and any other relief the court deems appropriate to the plaintiffs.

Kenney and the city are accused of issuing guidelines that are "inconsistent with the available statistical data and health precautions recommended by the United States Center for Disease Control (CDC), and other less restrictive measures that can be taken to combat the spread of COVID-19," according to the suit.

The suit alleges Kenney and the city have not made data, studies, reports, or expert guidance they have relied on to instate the restrictions public and calls the restrictions "arbitrary" and "irrational."

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