3 Colorado Springs businesses sue over COVID-19 restrictions
Three Colorado Springs business owners filed a joint lawsuit in federal court last week claiming Colorado’s COVID-19 restrictions violate their constitutional right to assemble under the First Amendment.
Black Forest Bistro, Mobile Veterinarian Guy and BodyCast Band are suing Gov. Jared Polis and Jill Ryan, the executive director of the Colorado Department of Health and Environment.
The lawsuit also claims the state’s COVID-19 restrictions have not treated all businesses equally, targeting restaurants and bars.
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Colorado Springs and El Paso County fall under the state’s Level Red, under which indoor dining in restaurants is banned, bars are closed, gyms are limited to 10% capacity and retail businesses are limited to 50% capacity.
“Many small businesses have closed indefinitely or permanently as a result of restrictions by the governor and CDPHE attempting to slow the spread of COVID-19,” the lawsuit states.
“We have an extremely well-intentioned and smart governor who is doing his best. … We are confident that Governor Polis, when he sees the lawsuit, will seriously take into account all Coloradans’ First Amendment right to assemble, and that he will expedite allowing small businesses to reopen.”
The lawsuit points to the state’s rising unemployment rates and COVID-19 cases despite the increased regulations.
In Colorado, one in 40 people are currently contagious with the coronavirus, according to the CDPHE.
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In addition to reopening small businesses, the lawsuit asks the federal government for injunctive relief to expedite the reopenings and prevent further financial damage.
So far, courts have not been receptive to arguments that COVID-19 restrictions, including mask mandates, shutdowns and capacity limits, violate constitutional rights, except when they infringe on religious gatherings or observances.
