{"id":"DUT-MN-017","kind":"duty","level":"court","jurisdiction":"Minnesota (Dakota County, First Judicial District)","state":"MN","metro":"","industry":"","agency":"","eco":"","issuer":"Minnesota District Court, First Judicial District, Dakota County (Hon. Jerome B. Abrams)","authority":"Minn. R. Civ. P. 65.02; Minn. Stat. §§ 8.31, 12.31, 12.32; EO 20-99 and EO 20-103","instrument":"State of Minnesota v. Alibi Drinkery, LLC, No. 19HA-CV-20-4167, Temporary Injunction with incorporated memorandum (filed Dec. 31, 2020)","title":"Temporary Injunction: State\u0027s request granted; Defendant\u0027s request to dissolve the temporary restraining order denied; Executive Order 20-99 lawful under the Emergency Management Act; equal-protection and takings defenses rejected","dateIssued":"2020-12-31","effective":"2020-12-31","end":"duration of EO 20-99 and 20-103 as extended (indoor dining reopened Jan. 11, 2021 under EO 21-01)","startDate":"2020-12-31","endDate":"2021-01-11","quarters":["2020Q4","2021Q1"],"types":["CLOSE","CAP"],"addressees":["specified businesses (the defendant restaurant; by its reasoning every restaurant and bar under EO 20-99)"],"clause":"The actions of the Defendant in this time of unprecedented disease transmission, illness, and death are both against the law and harmful. Their blatant and intentional defiance of the law is directly promoting the spread of Covid-19, exposing their customers and employees to disease.","enforcement":"Injunction; contempt (the AG moved for contempt the same day, Dec. 31, 2020); liquor-license suspension or revocation by DPS as the State\u0027s letter warned; EO 20-99\u0027s gross misdemeanor and § 8.31 civil penalties.","functions":[],"notes":"The court enjoined a Lakeville restaurant from indoor on-premises dining in violation of EO 20-99 as extended by EO 20-103, held that the Emergency Management Act gives the Governor\u0027s orders \u0027the full force and effect of law\u0027 (quoting § 12.32), found the State\u0027s letter had explained \u0027that Executive Order 20-99 is mandatory and non-compliance of the requirements can result in suspension or revocation of a liquor license\u0027, and rejected the equal-protection and takings defenses (\u0027Executive Order 20-99 does not constitute a taking\u0027). Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.ag.state.mn.us/office/Communications/2020/docs/AlibiDrinkery_TIO.pdf","snapshot":"","fileExists":true,"fileBytes":1093129,"grade":"primary","character":"adjudication","description":"","collection":"DUT-MN","url":"/library/DUT-MN-017","exhibitUrl":"/exhibit/DUT-MN-017","citation":"Minnesota District Court, First Judicial District, Dakota County (Hon. Jerome B. Abrams), State of Minnesota v. Alibi Drinkery, LLC, No. 19HA-CV-20-4167, Temporary Injunction with incorporated memorandum (filed Dec. 31, 2020) (Ex. DUT-MN-017)","stateName":"Minnesota","related":["MN-032"]}