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saying the trial court wouldn’t be able to issue an “advisory position” and saying that since the mandates are no longer in effect, it’s a moot point anyway.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.