One set of bar owners files to dismiss lawsuit
One group of bar owners has filed a motion to dismiss their federal lawsuit against the Shelby County Health Department and Shelby County after their request for a temporary restraining order was denied.
This was the suit, filed by attorney Robert Spence of The Spence Law Firm, that included The Blind Bear Speakeasy, Alchemy, Max’s Sports Bar, The Silly Goose, Dru’s Place, Stage 64 Lounge, Cheers of Millington and Hi-tone Cafe.
The second lawsuit, which was filed on behalf of T.J. Mulligan’s US 64, T.J. Mulligan’s, T.J. Mulligan’s Cordova, Hadley’s Pub, Tavern 018, Brewskis Sports Bar and Grille, Murphy’s Public House and Canvas of Memphis, is still pending, according to court records.
The motion to dismiss was filed Friday.
Nick Scott, the owner of Alchemy, said his group decided Thursday to dismiss their suit, basing their decision off of the fact that the two separate lawsuits were both denied temporary restraining orders by two separate judges.
“There was nowhere to go from there,” Scott said. “We were all concerned that if we pursued it further it would just keep going and keep going until we were going to open back up and we’d lose what we were going for.”
The groups were also concerned about the possibility of bringing employees back and then having to lay them off yet again should the Shelby County Health Department increase enforcement measures, he said.
Jeannette Comans, owner of the Blind Bear Speakeasy, also said the rejections of the two requests for temporary restraining orders was a blow to the suit. She also said that the judge in her suit made it clear that he believed the county had a great deal of latitude to make decisions during the COVID-19 pandemic.
“This whole thing’s been difficult. I know I went above and beyond to make sure we were COVID safe and taking a lot of precautions,” Comans said. “We asked for help, to get a reconsideration (of the closures). We tried to get hold of the health department first, then thought this (lawsuit) was our only avenue.”
Spence could not immediately be reached Friday night.
Katherine Burgess covers county government, religion and the suburbs. She can be reached at katherine.burgess@commercialappeal.com, 901529-2799 or followed on Twitter @kathsburgess.