State’s high court: Lamont can close bars during pandemic
The state Supreme Court has ruled Gov. Ned Lamont had the legal authority to close bars during the COVID-19 pandemic, a blow to the Milford pub owner who challenged the constitutionality of Lamont’s executive orders.
Kristine Casey, owner of Casey’s Irish Pub in Milford and her company Black Sheep Enterprise LLC, sought a temporary and permanent injunction from the state Supreme Court barring Lamont from issuing orders that would curtail bar activity.
But the court issued a brief ruling Friday siding with Lamont and a lower court that the governor has the power to protect public health during the pandemic by closing businesses.
“I’m extremely disappointed,” said Casey’s attorney Jonathan Klein, who mounted a spirited attack on Lamont’s executive powers in the lawsuit. “I thought we had the stronger argument and I thought we were correct in the law. But I’m not the last word on the law in the state of Connecticut; the state Supreme Court is.”
The lawsuit was defended by the Office of Attorney General William Tong, who hailed the ruling as another victory for the safety of the public during the pandemic, which has killed nearly 6,000 state residents.
“The state Supreme Court got this right, again. This decision saves lives. The Governor has broad authority after the declaration of public health and
civil preparedness emergencies to take affirmative steps to protect public health and to save lives,” Attorney General William Tong said. “Gov. Lamont’s orders since the onset of the pandemic in March have been lawful and justified. These measures have not been without sacrifice, but nothing is more important right now than stemming the spread of COVID-19 and keeping our state safe.”
The high court issued a brief opinion Thursday but was expected to release a more complete ruling in the coming days.
While siding with Lamont, the state’s highest court acknowledged that Casey and other bar and restaurant owners were facing an “incredibly difficult economic situation” while dealing with the restrictions.
Casey has been paying $3,200 a month in rent and other ancillary costs since March when Lamont closed bars as the coronavirus pandemic began to spread across the state, according to court papers.
But she hasn’t been able to open the pub because there was no “economically feasible” way to serve a limited amount of customers and no space for outside dining, her attorney said.
“Casey is hemorrhaging personal savings and borrowing from her father to try to stay afloat,” Klein said in court papers. “She has not been able to secure any loans through the Small Business Administration. She is fast running out of funds and the shutdown forced upon her by the Governor’s executive orders will put her out of business if it continues much longer,” causing her irreparable harm.
Casey’s Irish pub has 15 bar stools, two high top tables and a pool table. The establishment’s maximum capacity is 59 people. There is no room for outside seating since the pub is located at the end of a strip mall with several other businesses, Klein said.
“She had no choice but to close,” Klein said. The pub’s business comes from the neighborhood, much like “Cheers,” the neighborhood Boston bar featured in the popular television show of the same name, he said. They don’t come for the food, Klein said. “About 90 percentof the business is the sale of alcoholic beverages,” he said.
State guidelines stipulate that restaurants can open for dine-in service until 10 p.m. at 50 percentcapacity with six-foot spacing or Plexiglas barriers and no parties over eight individuals. Bars that do not serve full meals must remain closed. But bars can offer takeout food and adult beverages.
Klein contended in the lawsuit filed in Superior Court that Lamont doesn’t have the authority under the state Constitution to issue executive orders and that whatever power he has been granted by the legislature violates the separation of powers.
A Superior Court judge ruled in favor of Lamont in September saying state law grants him the authority to act for public health and safety during the pandemic which the judge interpreted as a “serious disaster.” Judge Barbara Bellis also ruled that the orders do not constitute a violation of the separation of powers since the legislature enacted the law that gave Lamont authority to issue executive orders during a time of crisis.
“Certainly the Governor’s executive orders closing indoor drinking establishments that are not serving food acted to protect the general health, safety and welfare of the people of Connecticut,” Bellis wrote in her decision. “It’s now common knowledge that COVID-19 is spread by people who are in close physical contact with each other,” Bellis said. “It is also well known that people who are drinking alcohol in bars tend to gather in close proximity to socialize.”
Casey sought an appeal directly to the state Supreme Court which will take up a case of “significant public interest,” Klein said. Chief Justice Richard A. Robinson agreed to take the lawsuit with oral arguments heard on Dec. 11.
Klein has not yet discussed with Casey if there are any other legal avenues she can explore, he said. “It’s frustrating because right now we have no idea what the court’s reasoning is,” Klein said. “The opinion sheds no light on their thinking.”