CORRIDOR CHRONICLE
Bar owners allege rights violations
by Ron Gregory
MORGANTOWN — Twelve Morgantown bar and club owners are challenging Governor Jim Justice’s executive orders that have forced their closures because of the Covid-19 pandemic. The suit was filed today in U.S. District Court for Northern West Virginia in Clarksburg.
The lawsuit also names Frederic Wooten, West Virginia Alcohol Beverage Control Administration Commissioner; the City of Morgantown and Morgantown interim City Manager Emily Muzzarelli as defendants.
Plaintiffs are listed as Whisper Night Club & Lounge, Fat Daddy’s, Almost Heaven Bar & Grill, Baby Squirrels, Big Times, Caribba and Dockside Grill, Joe Mama’s, Extensive Enterprises, Mountain Mamas Hot Spot, Mountain Mamas Tavern, SAR Tech LLC, SDHC LLC, The Annex and 4th & Goal.
The 25-page suit was filed by Wheeling attorney Martin Sheehan.
The suit alleges that a series of Justice executive orders beginning in March have violated the plaintiffs’ constitutional rights by limiting their ability to operate without providing due process.
The suit claims that Justice repeatedly issued orders that closed casinos to the public and restricted restaurants to carryout business only. By March 24, executive orders closed all non-essential businesses to the public, the plaintiffs argue.
In July, Jusstice issued a 10-day closure order to Monongalia County bars when the number of Covid-19 cases spiked. That order was extended three times until the bars were allowed to reopen on August 31, the suit maintains.
The closure was reinstated indefinitely by Justice three days later after pictures of large crowds of WVU students waiting in line at bars without face coverings were seen.
The suit says the plaintiffs were given no right to due process because they could not challenge the “stay at home” or crowd size limit orders. The suit also says crowd size limits were established without regard to whether the gatherings were inside, outside or what the square foot capacity of the businesses were. The plaintiffs say their classification of business was disproportionately effected by the series of executive orders.
The suit claims the executive orders violated Section IV of the Constitution of the United States and the separation of powers provision in the West Virginia Constitution. The referenced section of the constitution guarantees protection against “invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened).”
The lawsuit says that when the Alcohol Beverage Control Administration began enforcing the orders, they further violated the rights of the plaintiffs.
The lawsuit alleges when the Alcohol Beverage Control Administration began enforcing the orders the bar owners call unconstitutional and unenforceable, they further violated the rights of the plaintiffs.
The lawsuit alleges the City of Morgantown by passed several emergency ordinances further diminished their right to due process.
The Covid-19 pandemic has been the source of widespread controversy since March. Conservative constitutionalists maintain Justice has usurped power by not convening the legislature in extraordinary session.
The suit seeks just compensation, attorney fees and other damages the court may award.