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ST. LOUIS RECORD

Saturday, June 29, 2024

Two bars file suit over city orders to shutter over claimed violations of regulations

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Two bars have filed lawsuit after the city ordered them and two others to close over claimed violations of ordinances related to the COVID-19 outbreak.

The two premises, Wheelhouse and Start Bar, claim the guidelines for bars and nightclubs was confusing and that they were not given any notification before being ordered to shutter, a violation of the due process clause of the Missouri Constitution, the suit claims.

The named defendants are the City of St. Louis, Mayor Lyda Krewson, and acting Health Department Director Frederick Echols.

Their attorney, Scott Rosenblum, did not immediately to a request for comment from the St. Louis Record.

The four bars were ordered closed July 28 after they were accused of "ignoring" public health orders introduced to try and contain the spread of the coronavirus.

Closure orders were issued, including to Daddy’s on the Landing and Marquee Restaurant and Lounge, and claims the bars were at times packed with people not wearing face masks.

But the suit claims the orders from May and July were confusing, particularly in relation to bars that do not operate any delivery service.

While the order of July 2 stated that people must wear face masks in public facilities, there was an exception allowed for people actually consuuming food or alcohol.

Plaintiffs argued that all employees wore face masks or coverings as did all customers entering the exiting the premises. the lawsuit also cited previous comments from Mayor Krewson in which she stated that bars were not to operate as "mask police."

The suit adds that the two businesses were attempting in good faith to follow the guidelines, including making sure all staff wear masks.

They are now being threatened with loss of revenue and business without being given prior official notice of any problem.

They are seeking declaratory judgment against the defendants, including over the claim that their due process rights were violated.

The plaintiffs claim they rehired 100 percent of their staff following the easing of restrictions in May.

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