Owners of bars, restaurants hope judge’s order stopping early closings sticks
Every hour, an alarm sounds inside each of the three Pastimes Pub and Grills on the Northwest Side.
Employees stop what they’re doing, gather spray bottles and towels and wipe down furniture, cash registers and bars.
Co-owner Andy Greene says it’s to remind his 80 employees to take the pandemic seriously.
“We were on the verge of opening a fourth location and expanding our others before the pandemic hit,” he said. Since then, he’s projecting a $1.3 million decline in annual sales.
Then Columbus announced that bars, restaurants and nightclubs must close at 11 p.m., then by 10 p.m. “Now you’re looking at probably another 20% of our sales gone,” Greene said.
Following a lawsuit filed Tuesday, Franklin County Common Pleas Judge Mark Serrott granted a request from businesses to suspend the ordinance requiring the early closings for 14 days to allow for further analysis.
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The city maintains that early closing is an “attempt to fight back the surging coronavirus spread.”
But an attorney for the restaurants and bars said the ordinance is unconstitutional and unfairly targeting eating and drinking establishments when they’re needed more than ever.
“There’s no way that the law they (council members) passed is going to stand,” said the lawyer, Edward Hastie III.
“There is a robust regulatory system in place, and they (law enforcement and health officials) have the ability to shut a business down on the spot. And they won’t.”
Under the city ordinance, eateries and clubs that didn’t close all inside and patio seating at 10 p.m. would first get a warning, then face a $500 fine, followed by a $1,000 fine for each infraction thereafter.
Serrott called the city action “arbitrary,” singling out bars and restaurants. A permanent injunction hearing on the matter will be scheduled.
Hastie said his clients are facing dire consequences.
“Every single bar and restaurant is failing right now,” he said. “And every single one is only still around because of any financial life raft they may have.”
Hastie also argued that the city’s order conflicts with state liquor laws.
Serrott said action by Ohio Gov. Mike DeWine could affect his temporary restraining order. DeWine had planned to discuss the issue Thursday at his news briefing.
When asked for evidence that bars and restaurants are adding to virus spread, City Council spokeswoman Lee Cole responded: "We have nothing to add at this time."
Some bars have had large, late-night gatherings that haven’t observed social distancing, Dr. Mysheika Roberts, commissioner of Columbus Public Health, said during Monday’s council meeting.
“We can prevent Columbus from being a headline that we don’t want to have,“ Roberts said, adding that 60 health employees would team up with police and the Ohio Investigative Unit — to ensure the earlier closing time would be followed.
The lawsuit’s plaintiffs include several well-known Columbus bars and night spots, such as Pins Mechanical Company, 16-Bit Bar + Arcade and Late Night Slice.
The lawsuit says the plaintiffs “have cooperated with health authorities and directives to prevent and control the spread of infectious diseases,” but there is no scientific evidence connecting the spread of COVID-19 and the hours of a club’s or eatery’s operation.
Greene, who is a plaintiff in the case, said he’s done everything he can: tables six feet apart, plexiglass dividers, wall-mounted hand sanitizers and digital menus.
“You put out guidelines that we follow, and there’s no difference after 10 p.m. We’re following the guidelines at all hours.”
Dispatch Reporter Bill Bush contributed to this story.
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