A federal judge has denied the request of a group of Oregon restaurants to overturn the section of Gov. Kate Brown’s statewide “freeze” measure that prohibits indoor and outdoor dining.
The Oregon Restaurant & Lodging Association (ORLA) and the Restaurant Law Center (RLC) had filed a joint complaint in federal court at the start of Gov. Brown’s “two-week freeze,” arguing that prohibiting in-person dining “completely removes any possibility of conducting a substantial portion of any typical bar or restaurant operation” and that the restrictions imposed on those in the hospitality industry “expressly discriminates against those in the restaurant and hospitality businesses by permitting other similarly situated business … to operate with only limited restrictions, or in some cases no restrictions whatsoever,” according to court documents.
U.S. District Judge Karin Immergut ruled against ORLA and RLC on Nov. 24, acknowledging that while the restrictions cause “significant hardships” for affected businesses and employees, “those burdens are outweighed by the benefits to all Oregonians from restrictions designed to keep as many people alive and healthy as possible during this historic pandemic.”
Immergut also stated that the court “ … cannot conclude that the classifications drawn between restaurants and other businesses and limited home gatherings are irrational in relation to the legitimate goal of preventing the spread of COVID-19 during this current spike.”
“The Oregon Restaurant & Lodging Association is disappointed we were not able to secure a temporary restraining order against the latest indoor and outdoor dining room freeze on our industry, which continues to impact thousands of operators and tens of thousands of industry employees,” said the ORLA in an official statement.
“We remain committed to working with Gov. Kate Brown, her professional staff, and the Oregon Health Authority to find paths forward for Oregonian livelihoods which remain devastated by the realities of COVID-19.”
The ORLA added that they will advocate for a special session of the Oregon Legislature to convene in December and advocate for federal action.
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