Gordon & Rees attorneys Andrew Lavin, Anna Reinert, Russell Kalvelage alongside co-counsel Michael Goldman of Goldman, Nicholson & Mack, P.C., obtained Rule 12 dismissal of a lawsuit brought by a restaurant against a local public health department related to closure of indoor dining due to COVID-19.
The lawsuit argued health mandates implemented by state and enforcement actions of the local authorities during the COVID-19 pandemic violated numerous constitutional rights of the restaurant and its owners.
The local department of health, alongside Governor Polis and the Colorado Department of Public Health, argued the restaurant’s claims were either moot or failed to state a claim for which the court could provide relief. District Court Judge Herringer agreed, and further found the Colorado Disaster Emergency Act, executive orders issued by Governor Polis, and public health orders enforced by the local department of public health were constitutional.