OKC, Holt sued over COVID curfew
Saying their rights have been violated and they've lost income, some owners of metro area nightspots along with a group of hospitality industry workers have filed a lawsuit against Mayor David Holt, Police Chief Wade Gourley and the city, seeking to halt an 11 p.m. curfew recently imposed on bars and restaurants.
As the number of COVID-19 cases and hospitalizations continued to surge across the state, Gov. Kevin Stitt earlier this month announced new restrictions on those licensed to serve food and alcohol
His order says food and beverages of any kind shall not be sold for “on-premises consumption” by any license holder after 11 p.m.
Stitt's office issued a news release saying “all bars and restaurants will be required to close by 11 p.m.” and no in-person service of food or alcohol will be allowed after 11 p.m. except for restaurant drive-thru windows or curbside pickup.
On Nov. 19, the day Stitt's order went into effect, Holt issued a proclamation declaring a state of emergency and imposing the governor's order in Oklahoma City until it is lifted. The order was to be in effect for at least 30 days.
Plaintiffs in the lawsuit against the curfew include Western Nights, Roadhouse Bar & Grill, and Six Shooter Saloon in Oklahoma City, as well as two bartenders and a nightclub DJ.
“What is so special about 11 p.m.?” the lawsuit says. “Why not 10:59 p.m.? Or 11:01 p.m.? Defendants have presented zero evidence that 11 p.m. is some magical time when Covid-19 really begins to spread — and only in bars and restaurants.”
Oklahoma City spokeswoman Kristy Yager said the city would not comment, citing the pending litigation.
The lawsuit says the 11 p.m. closure mandate violates the equal protection clause under the 14th Amendment to the U.S. Constitution, because other businesses “can stay open however long they want and conduct business however they please.”
Bartender Brent Barnett was told not to come into work on Nov. 20 because of an expected low turnout, according to the lawsuit.
Barnett expects his income to drop by 70% while the curfew is enforced.
“Of course, this is assuming the bar where he works stays open,” the lawsuit says. “If they decide to shut down because they lose less money by shutting down, then Mr. Barnett's income will be reduced by 100%. This future harm is severe, certain and irreparable.”
Frank Urbanic, the Oklahoma City-based attorney representing the plaintiffs, says the curfew is an overreach in which the city is using its municipal code to enforce the state's Riot Control and Prevention Act.
The law was passed to fight civil disorder, not infectious diseases and pandemics, Urbanic told The Oklahoman.
“It just seems arbitrary, and they haven't put out any data,” Urbanic said. “The harm from COVID to people is speculative, but the horror from the mayor's proclamation is certain. Businesses will at least shut down temporarily, people will not be able to go to work, and if they can't go to work, they can't pay their bills. People will end up homeless. This is certain.”
On Tuesday, the state Health Department reported 2,736 new cases of COVID-19, to a total of 180,610 since the pandemic started. The number of deaths rose by 15 to reach 1,664. Nationwide, the death toll has surpassed 257,000.
The lawsuit was filed in district court, but the city moved it to federal court.