Attorney General’s office files for temporary restraining order against Lakeville restaurant illegally operating on-premises dining
TRO motion is next step in lawsuit against Alibi Drinkery filed earlier today
Neighbors on the Rum in Princeton voluntarily closed for on-premises dining, now complying with executive order after lawsuit filed today
December 17, 2020 (SAINT PAUL) — Minnesota Attorney General Keith Ellison announced today that his office has a motion for a temporary restraining order against Lakeville restaurant Alibi Drinkery. Earlier today, Attorney General Ellison’s office sued Alibi Drinkery for openly violating the ban on on-premises dining in Governor Tim Walz’s Executive Order 20-99. Among the requirements of the executive order — a targeted dial-back of certain activities to halt the spread of COVID-19 — are that bars and restaurants must close for on-premises indoor dining until December 18, 2020 at 11:59 p.m. That prohibition was extended yesterday by Executive Order 20-103 until January 10, 2021 at 11:59 p.m.
The Attorney General’s office wrote:
Immediate and irreparable injury will result if the State is required to wait until Alibi Drinkery can be fully heard in opposition to the State’s request for temporary injunctive relief authorized by Minnesota Statutes section 8.31 and Executive Order 20-99. Alibi Drinkery has represented publicly that it would continue offering on-premises consumption of food or beverage to the public, and allow more than five members of the public in its restaurant, in violation of Executive Order 20-99. Alibi Drinkery’s ongoing conduct is a continuing violation and a series of individual violations since Executive Order 20-99 went into effect. (p.18)
The Attorney General’s office asked that Alibi be prevented from further violating Executive Order 20-99, including closing to the public for on-premises consumption of food and beverages; and fully comply with Executive Order 20-99 and any future Executive Orders that apply to restaurants and/or bars, including Executive Order 20-103, while those Executive Orders are effective.
Princeton establishment sued today now voluntarily complying with executive order
In a related development, the other establishment that Attorney General Ellison’s office sued today for violating Executive Order 20-99, Princeton restaurant Neighbors on the Rum, voluntarily closed for on-premises dining and represents that it is complying with the executive order.
Attorney General Ellison statement
“I’m glad to see that more and more restaurants are accepting their responsibility to keep Minnesotans safe and complying with the executive order. We will continue to hold accountable those that insist on violating the order and endangering the lives of their customers, employees, and communities.
“The vast majority of Minnesota bars and restaurants have complied all along with the law and have met their responsibility to keep their communities safe. They deserve our thanks and patronage, not unfair competition.”
Update
December 18, 2020 — 4:58 PM
Court orders Lakeville restaurant to close for on-premises dining
Must close or risk being found in contempt of court; hearing scheduled for December 22
December 31, 2020 — 11:42 AM
Court orders Lakeville establishment to comply with executive order requiring temporary closure for indoor on-premises dining
Court: Alibi’s actions ‘are both against the law and harmful…directly promoting the spread of Covid-19’; finds Alibi’s arguments ‘without merit and devoid of factual or legal support’ Must comply with order to remain closed for indoor on-premises dining or risk being found in contempt of court, liquor license being revoked by DPS
December 31, 2020 — 4:31 PM
Attorney General asks court to find Lakeville establishment in contempt
Alibi Drinkery operating indoor, on-premises dining in defiance of temporary injunction issued earlier today; court sets hearing for January 5
January, 7 2020 — 6:06 PM
Court finds Alibi Drinkery in contempt, imposes $3K/day fine
Finds Alibi ‘intentionally and purposefully is violating’ temporary injunction, ‘willfully disobeyed’ and ‘is flagrantly in violation’ of court’s orders
