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ST. LOUIS RECORD

Sunday, May 5, 2024

Missouri Appeals Court allows St. Louis County COVID eatery restrictions to stand

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Judge Robin Ransom | Yourmissourijudges.org

The most difficult aspect of complying with COVID-19 regulations and offering take out meal service for a restaurant like Adriana’s on Shaw Ave. is packaging, according to co-owner Diana Guimbarda.

“We do take phone orders but the process of getting food out to people is a little more intricate because packing-to-go is a lot different than plating,” Guimbarda told the St. Louis Record. “The most astounding thing for us was the increase in price.”

In the 28 years, the family-owned eatery has been in business, the pandemic was a first.


Adriana's on the Hill restaurant | Facebook

“The coronavirus really caught us off guard,” Guimbarda said in an interview. “We weren't expecting the business to plummet as it did in March.” 

Statewide, there are 350,365 coronavirus cases and 4,754 deaths, as of Dec. 15, according to the Missouri COVID-19 dashboard. In St. Louis County alone, there have been 5,160 cases and 107 fatalities.

Adriana’s like other restaurants in St. Louis City is required to work within public health guidelines issued in response to the coronavirus. While St. Louis City allows limited indoor dining, St. Louis County issued a ban on indoor dining altogether, which has lead to litigation.

“I don't allow inside dining at all because I'm trying to do my part to curb the COVID contagion,” Guimbarda said. “We have outside seating and God blessed the weather in December. We bought these beautiful white picnic tables, which are spaced six feet apart so that customers can sit outside but we only allow six people inside at a time.”

The litigation over St. Louis County restrictions was recently resolved by the Missouri Court of Appeals but not in the way the 40 St. Louis County restaurants who sued would have liked.

Adriana’s is not a party to the litigation.

On Dec. 10, the Missouri Court of Appeals denied the Missouri Restaurant Association (MRA)’s writ of mandamus appeal of St. Louis County coronavirus restrictions, which sought to overturn an order banning indoor dining in St. Louis County restaurants.

St. Louis County, St. Louis County Executive Sam Page, and St. Louis County Department of Public Health Chief Medical Officer Emily Doucett were named as defendants.

“The court quashes the preliminary order issued on Dec. 4 being duly advised in the premises,” ruled presiding Judge Robin Ransom of the Eastern District of the Missouri Court of Appeals. “The court hereby denies Relator's petition for Writ of Mandamus.” 

The next step, although optional, is for the Missouri Restaurant Association and the 40 St. Louis County restaurant owners to file an appeal with the Supreme Court of the United States (SCOTUS).

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