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Court action sought by Restaurant Association of Maryland to stop in-person dining bans

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AdvertisementRestaurant Association of Maryland seeks court action to stop in-person dining bansHide TranscriptShow TranscriptDETAILS OF THE LAWSUIT. DAVID? DAVID: THE ARGUMENT BOILS DOWN TO ONE THING -- SCIENTIFIC EVIDENCE. LOCAL LEADERS SAY RESTRICTIONS ARE BASED ON DATA, BUT THEY DON’T PUT THAT INFORMATION IN EXECUTIVE ORDERS AND RESTAURANTS HAVE SEIZED ON THAT. [LAUGHTER] SINCE THE START OF THE PANDEMIC, THE RESTAURANT ASSOCIATION OF MARYLAND ESTIMATES THE FOOD SERVICE INDUSTRY LOST $1.4 BILLION IN SALES AND LAID OFF 150,000 EMPLOYEE PHILLIPS RESTAURANT WORKER MICHELLE ROBINSON IS ONE OF THEM. SHE TOLD HER CHILDREN THEY MAY HAVE TO CHOOSE BETWEEN CHRISTMAS PRESENTS AND PUTTING FOOD ON THE TABLE. &gt;&gt; THE THING THAT IS HURTING ME THE MOST IS I HAVE NO MONEY. I CAN’T GET UNEMPLOYMENT. I CAN’T GET FOOD STAMPS. I TRIED TO APPLY FOR INDIGENT ASSISTANCE. MY BGE IS ABOUT TO BE TURNED OFF. I CAN’T MAKE ENDS MEET. I CAN’T EVEN GET ANOTHER JOB RIGHT NOW BECAUSE I AM NINE MONTHS PREGNANT. DAVID: THE RESTAURANT ASSOCIATION OF MARYLAND IS FIGHTING BACK. SOME 100 EATING ESTABLISHMENTS ARE REPRESENTED IN LAWSUIT. THE MOTION CHALLENGES A BALTIMORE CITY EXECUTIVE ORDER WHICH BANNED INDOOR AND OUTDOOR DINING. IT SEEKS TO STOP MONTGOMERY AND PRINCE GEORGE’S COUNTY FROM BANNING INDOOR DINING. THE LEGAL ACTION COMES AFTER A JUDGE IN ANNE ARUNDEL COUNTY ISSUED A TEMPORARY RESTRAINING ORDER TO STOP A SIMILAR BAN. A FULL HEARING ON THAT CASE IS DECEMBER 28. &gt;&gt; THE BASIS OF THIS COMPLAINT AND ALL FOUR OF THE JURISDICTIONS IS THAT IN NONE OF THEM HAS ANY MEDICAL OR SCIENTIFIC EVIDENCE BEEN PRESENTED TO SAY THINGS WILL BE BETTER OFF IF YOU CLOSE RESTAURANTS RATHER THAN LEAVE THEM OPEN. &gt;&gt; WHERE IS THE DATA AND THE EVIDENCE THAT WARRANTS SHUTTING RESTAURANTS DOWN? THAT IS WHAT WE ARE LOOKING FOR. DAVID: RESTAURANT OWNERS SAY ITS UNFAIR THAT EMPLOYEES BEAR THE BURDEN OF LOSING THEIR JOBS IN WHAT THEY SAY AMOUNTS TO THE HOPE OF STOPPING THE SPREAD OF COVID. &gt;&gt; FOR THE FIRST TIME IN 35 YEARS, I CAN’T TELL MY EMPLOYEES THAT EVERYTHING WILL BE OK. IT IS EMOTIONAL. IT’S AN EMOTIONAL TIME. I HAVE ALWAYS BEEN ABLE TO DO WHAT MY FATHER TOLD ME TO DO -- TAKE CARE OF THE PEOPLE WHO TAKE CARE OF YOU. DAVID: THE MOTION SEEKING A TEMPORARY RESTRAINING ORDER WAS FILED IN EACH JURISDICTION THIS MORNING. LAWYERS BELIEVE THAT WILL HAPPEN IN A MATTER OF SO RESTAURANTSAdvertisementRestaurant Association of Maryland seeks court action to stop in-person dining bansThe Restaurant Association of Maryland is seeking temporary restraining orders and preliminary injunctions against Baltimore City, Montgomery County and Prince George's County in an attempt to roll back coronavirus bans on in-person dining.|| Coronavirus updates | Maryland's latest numbers | Where to get tested ||Some 100 restaurants in Baltimore City and Prince George's and Montgomery counties are represented in a lawsuit filed Friday against those jurisdictions by the Restaurant Association of Maryland.The Restaurant Association of Maryland estimates the food service industry lost $1.4 billion in sales and laid off 150,000 employees since the start of the pandemic."Here in Maryland, over 100,000 employees are still laid off or furloughed due to this pandemic and the business restrictions placed on our industry," said Marshall Weston, president and CEO of the Restaurant Association of Maryland. "Restaurants are the backbone of every community and neighborhood and we cannot stand by and allow for this to happen."Attorneys said they hope to get the temporary restraining order with the hope of opening by Christmas Eve or Christmas Day.Officials issue restrictions; restaurateurs seek evidenceBaltimore Mayor Brandon Scott issued a ban on in-person indoor and outdoor dining that took effect Dec. 11.Scott said Friday afternoon that the Law Department and the city solicitor are reviewing the legal action, and that his decision was guided by science and health officials."What we did was guided by public health science and advice, period," Scott said. "We are not operating on a whim, this is stuff that has been advised to us by public health experts, (Health Commissioner Dr. Letitia) Dzirasa, the folks at Johns Hopkins ... We will still stick to our plan to look at our restrictions after the four-week period that we set forth last week."Watch the news conference in its entirety:In Montgomery County, all indoor dining at restaurants was suspended on Dec. 15, outdoor dining remained open with restricted hours of 6 a.m. to 10 p.m.In Prince George's County, all indoor dining at restaurants was suspended Dec. 16 through Jan. 16, 2021, outdoor dining remained at 50% capacity.Attorneys said they are seeking the same status as allowed by the governor's latest executive order."We're not asking for all or nothing. We're willing to compromise, our door is open to the city if they'd like to come and talk to us about a compromise about how we can get things open and work together, that'd be great," attorney Michelle Mtimet said."We agree that the public health is of the utmost importance; however, where is the data and the evidence that warrants shutting restaurants down? That is what we're looking for. We have not seen this evidence and this data," Weston said."The basis of this complaint in all of the jurisdictions is that in none of them has any medical or scientific evidence (that has) been presented to say things will be better off if you close restaurants rather than leave them open," attorney Joe Zauner said.According to Gov. Larry Hogan, indoor dining exposure to COVID-19 ranks fifth in terms of how the virus is spread."All of our contact tracing data shows the No. 1 source of transmission is family gatherings ... I think fifth on the list is indoor dining," Hogan said on Dec. 10. "So while it's important and if we have to take those kind of actions, we will. But right now, I think the latest survey I saw, 69% of the people in our state do not feel safe dining indoors.""If indeed restaurants were a source of COVID, we would have seen significant increases while restaurants were open at 75% capacity, yet that did not happen," Weston said. "Restaurants provided safe and regulated space to meet and gather with friends safely."Restaurateurs, employees recount hardships brought upon by restrictionsRestaurateurs talked about the hardships they have experienced as a result of the restrictions, saying sales are down so significantly that they can't cover expenses."For the first time in 35 years, I can't tell my employees that everything will be OK. It is emotional, it's an emotional time. I've always been able to do what my father told me to do: 'Take care of the people that take care of you,'" Seibel's Restaurant owner Lynn Martin said."With the winter weather all but eliminated outdoor dining, restaurants across the state are trying to survive and keep their employees working with restricted indoor dining and carryout business alone," Weston said. "Yet, there are some jurisdictions that have restricted this model even further by eliminating indoor dining.""A staggering number of servers, bartenders and other restaurant employees have lost their jobs in the middle of the holidays due to a government mandate," Weston said. "These employees are being asked to accept the grossly unfair burden of losing their jobs in the hopes of stopping the spread of COVID."Michelle Robinson, an employee of Phillips Seafood restaurant Inner Harbor, said she told her children they may have to choose between buying Christmas gifts and putting food on the table."The things that hurt me the most is I have no money. I can't get unemployment. I can't get food stamps. I tried to apply for indigence assistance. My BGE is about to be turned off. I can't make ends meet. I can't get another job right now because I am nine months pregnant," Robinson said.Legal action comes on heels of Anne Arundel County rulingThe court action comes after a ruling issued Wednesday temporarily blocked Anne Arundel County's indoor dining ban. Legal experts said the Anne Arundel County decision could be a model for more legal action elsewhere in Maryland."We are asking the courts to follow the lead of Anne Arundel County and issue a temporary restraining order to give us fair and just relief," Mtimet said."I think that the actions in Anne Arundel County actually helped to bring restaurants together to realize that they needed to act, they needed to act as one and they needed to move forward and not worry about being so conservative, so to speak," Weston said.Anne Arundel County Circuit Court Judge William Mulford found merit in the argument filed on behalf of four county restaurant owners that a dining ban unfairly singles out eating establishments, saying: "The restrictions on businesses were applied in an inconsistent manner from other businesses that contribute significantly to COVID contact sources. In other words, there appears, at this stage, to be an arbitrary and capricious application of restrictions to plaintiff's business when compared to other business activities."The Restaurant Association of Maryland is seeking temporary restraining orders and preliminary injunctions against Baltimore City, Montgomery County and Prince George's County in an attempt to roll back coronavirus bans on in-person dining.|| | | ||AdvertisementSome 100 restaurants in Baltimore City and Prince George's and Montgomery counties are represented in a lawsuit filed Friday against those jurisdictions by the Restaurant Association of Maryland.The Restaurant Association of Maryland estimates the food service industry lost $1.4 billion in sales and laid off 150,000 employees since the start of the pandemic."Here in Maryland, over 100,000 employees are still laid off or furloughed due to this pandemic and the business restrictions placed on our industry," said Marshall Weston, president and CEO of the Restaurant Association of Maryland. "Restaurants are the backbone of every community and neighborhood and we cannot stand by and allow for this to happen."Attorneys said they hope to get the temporary restraining order with the hope of opening by Christmas Eve or Christmas Day.Baltimore Mayor Brandon Scott on in-person indoor and outdoor dining that took effect Dec. 11.Scott said Friday afternoon that the Law Department and the city solicitor are reviewing the legal action, and that his decision was guided by science and health officials."What we did was guided by public health science and advice, period," Scott said. "We are not operating on a whim, this is stuff that has been advised to us by public health experts, (Health Commissioner Dr. Letitia) Dzirasa, the folks at Johns Hopkins ... We will still stick to our plan to look at our restrictions after the four-week period that we set forth last week."Watch the news conference in its entirety:In Montgomery County, all indoor dining at restaurants was suspended on Dec. 15, outdoor dining remained open with restricted hours of 6 a.m. to 10 p.m.In Prince George's County, all indoor dining at restaurants was suspended Dec. 16 through Jan. 16, 2021, outdoor dining remained at 50% capacity.Attorneys said they are seeking the same status as allowed by the governor's latest executive order."We're not asking for all or nothing. We're willing to compromise, our door is open to the city if they'd like to come and talk to us about a compromise about how we can get things open and work together, that'd be great," attorney Michelle Mtimet said."We agree that the public health is of the utmost importance; however, where is the data and the evidence that warrants shutting restaurants down? That is what we're looking for. We have not seen this evidence and this data," Weston said."The basis of this complaint in all of the jurisdictions is that in none of them has any medical or scientific evidence (that has) been presented to say things will be better off if you close restaurants rather than leave them open," attorney Joe Zauner said.According to Gov. Larry Hogan, indoor dining exposure to COVID-19 ranks fifth in terms of how the virus is spread."All of our contact tracing data shows the No. 1 source of transmission is family gatherings ... I think fifth on the list is indoor dining," . "So while it's important and if we have to take those kind of actions, we will. But right now, I think the latest survey I saw, 69% of the people in our state do not feel safe dining indoors.""If indeed restaurants were a source of COVID, we would have seen significant increases while restaurants were open at 75% capacity, yet that did not happen," Weston said. "Restaurants provided safe and regulated space to meet and gather with friends safely."Restaurateurs talked about the hardships they have experienced as a result of the restrictions, saying sales are down so significantly that they can't cover expenses."For the first time in 35 years, I can't tell my employees that everything will be OK. It is emotional, it's an emotional time. I've always been able to do what my father told me to do: 'Take care of the people that take care of you,'" Seibel's Restaurant owner Lynn Martin said."With the winter weather all but eliminated outdoor dining, restaurants across the state are trying to survive and keep their employees working with restricted indoor dining and carryout business alone," Weston said. "Yet, there are some jurisdictions that have restricted this model even further by eliminating indoor dining.""A staggering number of servers, bartenders and other restaurant employees have lost their jobs in the middle of the holidays due to a government mandate," Weston said. "These employees are being asked to accept the grossly unfair burden of losing their jobs in the hopes of stopping the spread of COVID."Michelle Robinson, an employee of Phillips Seafood restaurant Inner Harbor, said she told her children they may have to choose between buying Christmas gifts and putting food on the table."The things that hurt me the most is I have no money. I can't get unemployment. I can't get food stamps. I tried to apply for indigence assistance. My BGE is about to be turned off. I can't make ends meet. I can't get another job right now because I am nine months pregnant," Robinson said.The court action comes after a . Legal experts said the Anne Arundel County decision could be a model for more legal action elsewhere in Maryland."We are asking the courts to follow the lead of Anne Arundel County and issue a temporary restraining order to give us fair and just relief," Mtimet said."I think that the actions in Anne Arundel County actually helped to bring restaurants together to realize that they needed to act, they needed to act as one and they needed to move forward and not worry about being so conservative, so to speak," Weston said.Anne Arundel County Circuit Court Judge William Mulford found merit in the argument filed on behalf of four county restaurant owners that a dining ban unfairly singles out eating establishments, saying: "The restrictions on businesses were applied in an inconsistent manner from other businesses that contribute significantly to COVID contact sources. In other words, there appears, at this stage, to be an arbitrary and capricious application of restrictions to plaintiff's business when compared to other business activities."Loading more articles...

AdvertisementRestaurant Association of Maryland seeks court action to stop in-person dining bansHide TranscriptShow TranscriptDETAILS OF THE LAWSUIT. DAVID? DAVID: THE ARGUMENT BOILS DOWN TO ONE THING -- SCIENTIFIC EVIDENCE. LOCAL LEADERS SAY RESTRICTIONS ARE BASED ON DATA, BUT THEY DON’T PUT THAT INFORMATION IN EXECUTIVE ORDERS AND RESTAURANTS HAVE SEIZED ON THAT. [LAUGHTER] SINCE THE START OF THE PANDEMIC, THE RESTAURANT ASSOCIATION OF MARYLAND ESTIMATES THE FOOD SERVICE INDUSTRY LOST $1.4 BILLION IN SALES AND LAID OFF 150,000 EMPLOYEE PHILLIPS RESTAURANT WORKER MICHELLE ROBINSON IS ONE...

Court action sought by Restaurant Association of Maryland to stop in-person dining bans

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