Bars sue state over cutoff of alcohol sales

A group of Columbus bar and restaurant owners is suing Ohio Gov. Mike Dewine and the state Liquor Control Commission over an emergency rule that prohibits on-premises sales of alcoholic beverages after 10 p.m.

The complaint, filed Tuesday afternoon in Franklin County Common Pleas Court, requests a temporary restraining order to stop the rule’s enforcement while the case plays out.

Dewine requested the emergency rule in a bid to stop the spread of COVID-19, citing case tracing that the state says has shown is occurring at latenight gatherings at taverns.

The case was assigned to Judge Kim Brown, who will conduct a hearing on the request for a restraining order at 10 a.m. Wednesday.

A copy of the complaint hadn’t been posted on the court’s website as of 2 p.m., but the lawsuit’s challenge of the rule was confirmed by Ed Hastie, the Columbus attorney who filed it on behalf of the bar and restaurant owners.

The Liquor Control Commission approved the emergency rule, which went into effect Friday night. The rule bans liquor-license permit holders from selling alcohol for on-premises consumption after 10 p.m. and requires that such drinks be consumed by 11 p.m.

The lawsuit is being brought by the same business owners who are challenging an ordinance approved by Columbus City Council on July 27 that requires bars and restaurants in the city to close by 10 p.m. A common pleas judge granted the business owners a 14-day temporary restraining order the following day. jfutty@dispatch.com @johnfutty