{"id":"DUT-TN-018","kind":"duty","level":"court","jurisdiction":"Tennessee (Middle District of Tennessee; Metropolitan Nashville-Davidson County)","state":"TN","metro":"","industry":"","agency":"","eco":"","issuer":"United States District Court for the Middle District of Tennessee (Richardson, J.)","authority":"Fed. R. Civ. P. 65; Jacobson v. Massachusetts, 197 U.S. 11 (1905); reviewing Metro Public Health Department Order 9 (Ex. MET-BNA-010) and citations by the Metro Beer Permit Board and Metro Health Department","instrument":"The Local Spot, Inc. v. Lee, No. 3:20-cv-00421, Doc. 59 (M.D. Tenn. July 14, 2020) (order refusing temporary restraining order)","title":"Order on Plaintiffs\u0027 Motion for Temporary Restraining Order (bars and restaurants v. Governor Lee, Mayor Cooper and Chief Medical Director Caldwell)","dateIssued":"2020-07-14","effective":"2020-07-14","end":"n/a (order)","startDate":"2020-07-14","endDate":"2020-09-30","quarters":["2020Q3"],"types":["CLOSE","ALC","CAP"],"addressees":["specified businesses (bars, limited-service restaurants and restaurants in Davidson County); by its reasoning, every business subject to a Tennessee health order"],"clause":"During a health pandemic, the court\u0027s power of review is not entirely negated, but it is limited to asking whether the governing authorities have taken action in \u0027an arbitrary, unreasonable manner\u0027 or through \u0027arbitrary and oppressive regulations.\u0027... Plaintiffs did not demonstrate that they were likely to succeed on the merits of their claims relating to... Health Order 9.","enforcement":"Citations by the Metro Beer Permit Board and the Metro Health Department under Health Order 9 continued; the order recites them","functions":[],"notes":"Left in force, against Nashville bars and restaurants, Health Order 9\u0027s closure of bars and its operating conditions, and left the Metro Beer Permit Board and Metro Health Department free to continue prosecuting the citations issued against Kid Rock\u0027s Big Ass Honky Tonk and Honky Tonk Central; the court applied the Jacobson standard, quoting the Sixth Circuit that \u0027the police power retained by the states empowers state officials to address pandemics such as COVID-19 largely without interference from the courts.\u0027 Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-tnmd-3_20-cv-00421/pdf/USCOURTS-tnmd-3_20-cv-00421-0.pdf","snapshot":"","fileExists":true,"fileBytes":352281,"grade":"primary","character":"adjudication","description":"","collection":"DUT-TN","url":"/library/DUT-TN-018","exhibitUrl":"/exhibit/DUT-TN-018","citation":"United States District Court for the Middle District of Tennessee (Richardson, J.), The Local Spot, Inc. v. Lee, No. 3:20-cv-00421, Doc. 59 (M.D. Tenn. July 14, 2020) (order refusing temporary restraining order) (Ex. DUT-TN-018)","stateName":"Tennessee","related":["DUT-TN-015"]}