Court finds Lakeville restaurant in contempt, imposes $3,000 per day fine
A court has found a Lakeville restaurant in contempt of court for repeated violations of COVID-19 restrictions and imposed a fine.
Dakota County District Court found Alibi Drinkery in contempt on Thursday and imposed a $3,000 per day fine for violations, according to Minnesota Attorney General Keith Ellison’s office.
Gov. Tim Walz’s executive orders banned indoor, on-premises dining but Alibi repeatedly defied the order. After the court agreed with the state’s arguments, the court had imposed a temporary injunction on Dec. 31 but Alibi continued to violate the orders.
The $3,000 per day fine will have to be paid for each day Alibi is now open for indoor dining in violation of the executive orders moving forward.
Court grants state’s motion to require Lakeville restaurant to temporarily close indoor dining
The court went with a higher than authorized fine under the civil contempt guidelines because it determined "a minimal fine wouldn’t lead to compliance with the injunction and would likely result in further spread of COVID-19."
According to Ellison’s office, the court also wrote:
"This Court’s Orders and the Executive Orders were issued for several purposes, including preventing the spread of the COVID-19 virus, to protect the capacity of our health care system and hospitals, etc. The increased hospitalizations due to the virus place an extra burden on hospitals and emergency rooms such that hospitals may not be able to provide care for other, non-COVID emergency health needs, such as victims of car crashes and heart attack patients. Each day that the Defendant remains in violation of the injunction, the health and welfare of the public are at risk and are being irreparably harmed."
"I am grateful that the court recognized the severity of the pandemic and the harm that Alibi’s flagrant violation of the law is causing Minnesotans," Ellison said. "I take no joy in seeking sanctions, but I will not shirk from my responsibility to uphold the law and the Governor’s executive orders in order to save Minnesotans’ lives, particularly in the face willful and repeated violations."