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Restaurants Win Court Victory Against Shutdown Orders

1/12/2021

Comments

 
 Tonight, Attorney Frank Urbanic notified SoonerPolitics that his client restaurants & taverns won the early round of a lawsuit against the governor & state agencies. The judge blocked the governor's 'rules' for another 6 months, while the civil suit proceeds.
 It's a breaking development in taverns  & night clubs' battle for their fiscal survival. 
  Governor Kevin Stitt decided to mandate early closures of dining establishments, claiming that it's in the overnight hours that the covid virus spreads the worst.  The judge didn't buy it.  When evidence was asked, the governor's office relied only on Google data, and an unproven scenario that everyone who eats and drinks later in the night will be careless to follow protocols to prevent social spread.
Judge Susan Stallings asked why a statewide mask mandate wasn't uniformly implemented?  The defense team in this lawsuit said that Google claims a mask mandate is ineffective in slowing the viral spread.
​  The lawsuit will now proceed to the full case. Up 'til now the courts have simply addressed the judge's decision to order the governor's rules unenforceable until the case is completed in her court.  Court injunctions are a tool to prevent harms which would not be recoverable if the plaintiff had to wait until the case is resolved in full litigation.
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A HUGE WIN for every bar and restaurant owner in Oklahoma! The restraining order against the Governor and ABLE...

Posted by The Urbanic Law Firm, PLLC on Tuesday, January 12, 2021
  The plaintiffs say that their business viability is 4already on the brink because of their own safety protocols and govt restrictions over the past 9 months.
  Because this case is expected to take longer than what the health experts believe will be the impact of the pandemic, the net result is that the governor's latest order is effectively dead.
  This does not prevent the governor from following the proper Health Emergency statutes and calling for a special session to get a 30-day authorization to invoke special agency rules.  What the governor seems to have done is an unofficial martial law declaration under the guise of a state of riot or a massive disaster state of emergency. 
  Two weeks ago, Gov. Stitt replaced his chief legal counsel.  The two events (lawsuit and personnel change) may be related?
The Oklahoman has more details of the court testimony. In part, they write; 
Stallings, the judge, hammered Assistant Solicitor Randall J. Yates with questions, asking where the state’s evidence was that bars were more of a problem in spreading COVID-19 than other establishments.
The state’s witnesses said; "as people drink, they lose inhibition and engage in risky behavior, such as not wearing masks and not social distancing."
The state also said some of their evidence comes from Google analytics.
The state's Chief Operating Officer, John Budd, testified that Google had massive amounts of data and used artificial intelligence to examine three scenarios;
  1. a mask mandate,
  2. closing bars and restaurants,
  3. closing schools.
The mask mandate was not employed because Google said it would have no impact, according to the order.

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    David Van Risseghem reports the events and adds some perspective. 


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    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

    ​"No politician 'checks off every box" in your list of issues. You have to prioritize and use personal discretion regarding every current and future issue that you can imagine. Then you have to also judge integrity & consistency. A candidate's openness to study the issues & courage to think for themselves. Then you need to review their honesty & work ethic.  I respect any voter's decision, when they've informed themselves and took voting seriously." - David Van Risseghem
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 SoonerPolitics.org is committed to informing & mobilizing conservative Oklahomans for civic reform & restored liberty. We seeks to utilize the efforts of all cooperative facets of the Conservative movement... Content of the diverse columns are solely at the discretion of the dozens of websites who create the content.   David Van Risseghem  is the founder of this platform.
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