BLUFFTON, Ind. (WOWO): A Bluffton restaurant has sued the Wells County Health Department and the State of Indiana over a closure in August due to COVID-19 violations.

Yergy’s BBQ was closed on or before Aug. 28 by health inspectors after failing to follow the terms of Gov. Eric Holcomb’s executive order including mandatory mask use and capacity limits according to our Partners in News at ABC 21.

The lawsuit challenges that the executive orders issued by Holcomb “because they do not comply with the requirements of the United States Constitution and the Indiana Constitution, the direct consequence of which is unjust injury to Yergy’s fundamental civil rights, liberty interests and property rights.”

The lawsuit adds that Yergy’s is “adversely affected” due to the shutdown order of the Wells County Health Department.