Court of Appeals denies challenge by 2 businesses that defied COVID executive orders

The state’s appellate court has ruled against two Minnesota businesses that violated COVID-19-related executive orders and were penalized by the state for their actions.

Monday, the Minnesota Court of Appeals handed down its opinion, denying a challenge to the state by Mission Tavern and Norm’s Wayside.

In 2020 and 2021, Gov. Tim Walz issued several executive orders that temporarily prohibited bars and restaurants from serving on-site, restricted indoor occupancy and required face coverings due to COVID-19 case levels. However, the two restaurants were among several that were found to have repeatedly violated the orders.

In response, the Minnesota Department of Health issued cease-and-desist orders and eventually suspended the businesses’ licenses while handing down a penalty of $10,000 against each place.

The businesses challenged the penalties, saying MDH didn’t have the authority to enforce the executive orders and claiming that the orders were unconstitutional. Additionally, they argued that the orders don’t have the full force of law because they’ve since been rescinded and the state’s peacetime emergency ended.

The three-judge panel said that the latter argument “conflicts with established principles of law,” and the businesses failed to show the executive orders lacked a rational basis.

While the businesses argued that MDH failed to show enough expert evidence to support the executive orders, the Court of Appeals disagreed, finding “more than ample grounds to satisfy the rational-basis test” while noting that the burden of proof for showing the orders lacked evidence is on the businesses, not MDH.

Therefore, the court denied the businesses’ challenge to their penalties.

5 EYEWITNESS NEWS reached out to the attorney for both businesses, who declined comment on the ruling.