Restaurant Owners Sue State Over Responsible Restart Ohio Guidelines

Restaurant Owners Sue State Over Responsible Restart Ohio Guidelines

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CLEVELAND, Ohio — Several Ohio restaurants have filed a lawsuit against Ohio Governor Mike DeWine and the Ohio Department of Health Director over the “Responsible Restart Ohio” guidelines.


What You Need To Know

  • 8 Ohio restaurants, including Town Hall and Harry Buffalo, are involved in the lawsuit
  • Governor Mike DeWine and Health Director Dr. Amy Acton are named in the lawsuit
  • The goal is to see criminal penalties removed, avoiding the revoking of liquor permits, and a more understandable definition of what is allowed

For restaurants across Ohio, it’s far from business as usual. 

“We know that COVID is a serious problem, it’s an impact on everybody. But at the same time, we want to pay attention to our constitutional rights,” said Edward Cochran, one of the lawyers representing the restaurant owners.

Cochran says the rules and regulations have some unconstitutional penalties and procedures.

“When the restaurant owner is put in a position of forcing people physically to do things like sit or don’t walk somewhere or don’t stand somewhere, and where those requirements are overly burdensome and without definition, it creates a very difficult position to have patrons,” said Cochran.

Cochran says the goal of the suit is to see criminal penalties removed, avoiding the revoking of liquor permits, and a more understandable definition of what is allowed. 

“You’re supposed to keep patrons in their seat and that’s all it says. And you know of course, we cannot keep patrons always in their seat. So, are they allowed to get up and go to the bathroom? Are they allowed to get up for five minutes an hour? Or ten minutes an hour? Or five minute trips three or four times an hour? 

The lawsuit filed in the Lake County Court of Common Pleas also shows examples of recent inspection reports on clients like Town Hall, claiming the establishment wasn’t meeting the six feet rule, and wasn’t in compliance. 

“This can be handled, this trying to achieve social distancing, but right now it’s a tough, tough situation for them,” said Cochran.

The State Department of Health did not return Spectrum News 1’s request for comment.

A spokesman for Governor Mike DeWine says they aren’t commenting on pending litigation.

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