{"id":"DUT-AK-009","kind":"duty","level":"court","jurisdiction":"Alaska (Third Judicial District at Anchorage)","state":"AK","metro":"","industry":"","agency":"","eco":"","issuer":"Superior Court for the State of Alaska, Third Judicial District at Anchorage (Eric A. Aarseth, Superior Court Judge)","authority":"Alaska Civil Rule 65 (temporary injunction); Anchorage Emergency Order EO-15 (Ex. AK-073) and the Mayor\u0027s emergency powers, which the court found \u0027the defendants did not oppose\u0027","instrument":"Order Granting Plaintiff\u0027s Motion for Temporary Injunction, Municipality of Anchorage v. Kriner\u0027s Diner, LLC, et al., No. 3AN-20-07394 CI","title":"Order Granting Plaintiff\u0027s Motion for Temporary Injunction (compliance with Emergency Order EO-15; indoor dining prohibited)","dateIssued":"2020-08-07","effective":"2020-08-07","end":"Settlement accepted by the court Aug. 11, 2020 (defendants agreed to obey EO-15; municipality suspended the fines) (press reports; not saved); EO-15 expired Aug. 30, 2020","startDate":"2020-08-07","endDate":"2020-08-11","quarters":["2020Q3"],"types":["CLOSE","COND","DUTY"],"addressees":["specified businesses (restaurants and breweries under EO-15; \u0027businesses such as Kriner\u0027s Diner\u0027 and \u0027businesses similarly situated\u0027)"],"clause":"Defendants are ordered to comply with EO-15. Specifically they are prohibited from providing, allowing or facilitating, directly or indirectly, indoor dining. The Plaintiff has demonstrated that the Anchorage public will suffer irreparable harm by allowing businesses such as Kriner\u0027s Diner to violate Emergency Order-15.... A property interest cannot outweigh a person\u0027s interest in life.","enforcement":"Injunctive compliance order; municipal fines for the days of defiance (suspended by the Aug. 11, 2020 settlement); contempt sought by the Municipality on Aug. 8, 2020 (docket filings on the court\u0027s public page, not saved)","functions":[],"notes":"Enforced a municipal COVID-19 emergency order against a business by injunction: the court held that indoor dining \u0027exacerbates the risk of the spread of COVID-19\u0027, that the economic interests of the diner \u0027and businesses similarly situated are adequately protected by the ability to continue business operations by serving food outdoors, curbside, to-go orders or for delivery\u0027, that \u0027the closure of a business would be warranted\u0027, and that the defendants \u0027willfully violated EO-15\u0027. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://public.courts.alaska.gov/web/media/docs/kriner/order1.pdf","snapshot":"","fileExists":true,"fileBytes":258550,"grade":"primary","character":"adjudication","description":"","collection":"DUT-AK","url":"/library/DUT-AK-009","exhibitUrl":"/exhibit/DUT-AK-009","citation":"Superior Court for the State of Alaska, Third Judicial District at Anchorage (Eric A. Aarseth, Superior Court Judge), Order Granting Plaintiff\u0027s Motion for Temporary Injunction, Municipality of Anchorage v. Kriner\u0027s Diner, LLC, et al., No. 3AN-20-07394 CI (Aug. 7, 2020) (Ex. DUT-AK-009)","stateName":"Alaska","related":["DUT-AK-018"]}