{"id":"DUT-IN-009","kind":"duty","level":"court","jurisdiction":"Indiana (United States District Court for the Southern District of Indiana, Indianapolis Division, applying Indiana law)","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind.","authority":"Ind. Code 16-20-1-24 (the \u0027Epidemic Statute\u0027); Health and Hospital Corporation of Marion County Code section 7-505; Ind. Code 36-1-3-8 (Home Rule Act); Ind. Const. art. 1, sections 21 and 23, art. 3, section 1, art. 4, section 1","instrument":"Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages)","title":"Federal decision holding that the Marion County health officer acted within the authority of Ind. Code 16-20-1-24 in closing and restricting bars, nightclubs and restaurants by Public Health Orders 22-2020 through 38-2020, and denying the businesses\u0027 preliminary injunction","dateIssued":"2020-12-22","effective":"2020-12-22","end":"Judicial decision; the orders it upheld are Exs. MET-IND-020 et seq.","startDate":"2020-12-22","endDate":"2020-12-31","quarters":["2020Q4"],"types":["CLOSE","CURF","ALC","GATH","CAP"],"addressees":["specified businesses (bars, nightclubs, restaurants and retail food establishments in Marion County); by its reasoning, every business subject to a local health officer\u0027s epidemic order"],"clause":"The Epidemic Statute empowers the health officer to \u0022forbid public gatherings\u0022 when the health officer finds doing so \u0022necessary to prevent and stop epidemics\u0022... The General Assembly has authorized local health officers to make the factual determination of when forbidding gatherings is necessary to prevent an epidemic.","enforcement":"Not applicable (judicial decision); the underlying orders were enforceable under Ind. Code 16-20-1-25 and -26 (Ex. DUT-IN-003)","functions":[],"notes":"The court held that Ind. Code 16-20-1-24 and section 7-505 of the Health and Hospital Code authorized the Marion County Public Health Department to close bars and nightclubs (PHO 22-2020, effective July 24, 2020), to require that \u0027All restaurants, bars, nightclubs, and retail food establishments must be closed and cleared of all customers between the hours of 12:00 AM and 5:00 AM nightly\u0027 (PHO 38-2020, quoted at 35), and to prohibit bar seating, live entertainment and dancing; it found no likelihood of success on the plaintiffs\u0027 state constitutional, separation-of-powers and Home Rule claims and refused the injunction. Character as recorded: adjudication (orders upheld).","sourceUrl":"https://www.courthousenews.com/wp-content/uploads/2020/12/indianabars.pdf","snapshot":"","fileExists":true,"fileBytes":358500,"grade":"primary","character":"adjudication","description":"","collection":"DUT-IN","url":"/library/DUT-IN-009","exhibitUrl":"/exhibit/DUT-IN-009","citation":"Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind, Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages) (Ex. DUT-IN-009)","stateName":"Indiana","related":["MET-IND-020","DUT-IN-003"]}