Bluffton restaurant’s mask lawsuit dismissed

"Courtroom Gavel" by Joe Gratz, public domain

BLUFFTON, Ind. (WOWO): A Wells County judge has dismissed a lawsuit filed by the owners of a barbecue restaurant in Bluffton that said coronavirus-related state mandates violated their workers’ constitutional rights.

According to our Partners in News at ABC 21, Judge Kenton Kiracofe dismissed the lawsuit that the owners of Yergy’s State Road BBQ filed against Governor Eric Holcomb, the State of Indiana, and the Wells County Health Department Monday afternoon, saying the trial court wouldn’t be able to issue an “advisory position” and saying that since the mandates are no longer in effect, it’s a moot point anyway.

“While the Court is sympathetic to the hardship the government’s response to the pandemic has caused Plaintiff’s establishment,” Kiracofe added, “along with other Hoosiers, the subsequent actions by the Governor and the Indiana General Assembly have made the issues presented in the complaint moot.”

Defense attorneys made a similar argument, saying that Yergy’s had not identified “what provisions are still in effect that affect its business.”

The restaurant was closed for seven months after health inspectors found them in violation of a statewide executive order that, at the time, enforced capacity limits and mask usage.

2 COMMENTS

  1. Judge Kenton Kiracofe is obviously another spineless Judge with terrible decisions.

    So if/when these Unconstitutional Orders occur again by Dictator Holcomb (or the next Dictator), they will have to file another lawsuit that probably won’t be heard until the Unconstitutional Order expires again, the Judge will Rule it “Moot” because lawsuits take too long and we will never have a ruling on the lawsuit….Yet another example of the breakdown in our Courts.

    This is an epidemic of Court failures in of itself…..Too Many spineless incompetent Judges (including Supreme Court) that fail to stand up for our Country and to even provide a ruling…not going to hear it for Voting irregularities??…. or how about when the “Orders” are directly AGAINST OUR CONSTITUTION!!

    Hey Judge Kiracofe…..DO YOUR JOB!!!!!!!!!

  2. Masks do not work as advertised to prevent Covid-19. If you think so then where is the evidence from someone beside a government flack? Studies have shown that the masks are full of many pathogens especially among young kids wearing them all day at at school. Then prove it!

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