Judge refuses to block indoor dining ban

Ban set to expire on Dec. 8; Whitmer not saying if it will be extended

DETROIT» Bars and restaurants lost a challenge Wednesday to Michigan’s ban on indoor dining and immediately warned about business failures and deep job losses if the restriction linked to the coronavirus is extended past next week.

U. S. District Judge Paul Maloney turned down a request for an injunction with seven days left in the three-week ban. It was ordered in mid-November by Gov. Gretchen Whitmer’s administration in response to a distressing rise in virus cases.

“The court finds that a plausible explanation for the emergency order exists: Restaurant patrons cannot wear a mask while eating or drinking,” Maloney said. “Plaintiffs complain that they

are being treated differently than similar businesses, but as the court noted in its previous order, individuals can patronize the businesses that remain open while wearing a mask.”

The Michigan Restaurant & Lodging Association and some restaurants sued state health director

Robert Gordon. They said they can safely provide indoor dining and were being treated unfairly when compared to other businesses.

High schools and colleges also were told to stop in-person classes and prep sports for three weeks. Casinos, movie theaters and bowling alleys also are closed, and gyms can’t host group exercise.

The head of the restaurant group said he’ll ask Gordon to “provide clear

and specific data” that would justify extended closures. Whitmer on Tuesday wouldn’t tip her hand when asked if the dining ban will continue past Dec. 8.

“Presumptions and generalizations will not suffice and should no longer be tolerated given the significant human toll they have wrought from closing restaurants for a second time this year,” Justin Winslow said, referring to a shutdown in spring.