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Ex. DUT-AK-009 Standing duty Primary source read

Order Granting Plaintiff's Motion for Temporary Injunction, Municipality of Anchorage v. Kriner's Diner, LLC, et al., No. 3AN-20-07394 CI

Order Granting Plaintiff's Motion for Temporary Injunction (compliance with Emergency Order EO-15; indoor dining prohibited)

Superior Court for the State of Alaska, Third Judicial District at Anchorage (Eric A. Aarseth, Superior Court Judge) · Alaska (Third Judicial District at Anchorage) (Court)

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The record

Jurisdiction
Alaska (Third Judicial District at Anchorage) · Alaska
Level
Court
Authority
Alaska Civil Rule 65 (temporary injunction); Anchorage Emergency Order EO-15 (Ex. AK-073) and the Mayor's emergency powers, which the court found 'the defendants did not oppose'
Issued
2020-08-07 Aug. 7, 2020
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 (read as 2020-08-11)
In force
Aug. 7, 2020 to Aug. 11, 2020
Quarters
2020 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (restaurants and breweries under EO-15; 'businesses such as Kriner's Diner' and 'businesses similarly situated')
Character
adjudication
Collection
Standing duties: Alaska DUT-AK

Operative words

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's Diner to violate Emergency Order-15.... A property interest cannot outweigh a person's interest in life.

Penalty

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's public page, not saved)

What it required

Enforced a municipal COVID-19 emergency order against a business by injunction: the court held that indoor dining 'exacerbates the risk of the spread of COVID-19', that the economic interests of the diner 'and businesses similarly situated are adequately protected by the ability to continue business operations by serving food outdoors, curbside, to-go orders or for delivery', that 'the closure of a business would be warranted', and that the defendants 'willfully violated EO-15'. Character as recorded: adjudication (order_penalty layer).

Retrieval note

The order is a scanned signed original with an OCR text layer; the case number reads '3AN-20-7394 C[I]' on the caption and is reported as 3AN-20-07394 CI by the Alaska Court System's public docket page and the press. The court's public case page (public.courts.alaska.gov/web/media/docs/kriner/) also holds the Municipality's motion, the defendants' opposition and the motion for reconsideration.