{"id":"DUT-MT-018","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Attorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert)","authority":"Mont. Code Ann. 2-15-501(5) (Attorney General\u0027s supervisory power over county attorneys); the underlying action rested on Mont. Code Ann. 50-2-116, -118, -123 and -124","instrument":"Press release and letter, \u0027AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County\u0027 (Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B)","title":"AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County","dateIssued":"2021-01-14","effective":"2021-01-14 (dismissal ordered by noon Jan. 15, 2021)","end":"n/a (the action was dismissed; the preliminary injunction of Dec. 18, 2020 was to be dissolved)","startDate":"2021-01-14","endDate":"","quarters":["2020Q4","2021Q1"],"types":["CURF","CLOSE","DUTY"],"addressees":["specified businesses (bars and restaurants under the Gallatin health officer\u0027s hours rule); all businesses subject to county health orders"],"clause":"Knudsen directed County Attorney Marty Lambert to promptly dismiss the case against the Bozeman business that had refused to adhere to the mandate that businesses close at 10:00 p.m.... \u0027This announcement will give stability and certainty to Montana businesses. They will no longer have to fear prosecution for simply serving their customers,\u0027 John Iverson of the Montana Tavern Association said.","enforcement":"Civil action and preliminary injunction under 50-2-118(1)(e) and 50-2-123; the letter directs dismissal under M. R. Civ. P. 41(a)(1)(A)(ii) and an application to dissolve the injunction under 27-19-401","functions":[],"notes":"The record of enforcement in fact: the Gallatin City-County Board of Health and its Health Officer sued a Bozeman bar for refusing the county\u0027s 10 p.m. closure rule (Ex. MT-076, MT-077) and obtained a preliminary injunction on December 18, 2020, which stood until the Attorney General, on January 14, 2021 (the day after the Governor\u0027s Directive removed hours restrictions, Ex. MT-020), ordered the county attorney to dismiss the action and to coordinate the dissolution of the injunction; the Tavern Association\u0027s words record that Montana businesses had until then faced \u0027prosecution for simply serving their customers\u0027. Character as recorded: enforcement_record (press release; order_penalty layer).","sourceUrl":"https://dojmt.gov/ag-knudsen-orders-dismissal-of-covid-curfew-case-against-rocking-r-bar-in-gallatin-county/","snapshot":"","fileExists":true,"fileBytes":724679,"grade":"primary","character":"enforcement_record","description":"","collection":"DUT-MT","url":"/library/DUT-MT-018","exhibitUrl":"/exhibit/DUT-MT-018","citation":"Attorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert), Press release and letter, \u0027AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County\u0027 (Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B) (Jan. 14, 2021) (Ex. DUT-MT-018)","stateName":"Montana","related":["MT-076","MT-077","MT-020"]}