DC bar sues city health department for violating vaccination laws

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The D.C. bar, which was defeated by conservatives earlier this year after losing its liquor license for violating vaccination laws, sued the city’s health department Thursday, saying it lacked the authority to close it.

The Big Board on Northeast Washington’s H Street corridor had its liquor license suspended after receiving two $1,000 citations and several verbal warnings for not allowing employees to cover up and not checking customers’ vaccination status.

“Until the mayor changes[s] Big Board manager Eric Flannery said her thoughts on the orders during an inspection, according to the bar’s suspension notice. The bar reopened in March after raising tens of thousands of dollars from a crowdfunding campaign and paying a $4,000 fine. Without admitting a mistake.

D.C. bar that violated vaccination laws shut down over health violations.

On Thursday, Big Board Mayor Muriel E. Bowser (D) and the D.C. Council have sued the district, saying they don’t have the right to create mask and vaccination requirements without congressional approval.

According to the lawsuit filed in the US District Court for the District of Columbia, Congress has a 30-day review period to overturn a law — or 90 days if it’s an emergency law. Policymakers ignored this requirement during the outbreak, according to the lawsuit.

“The mayor’s rolling ’emergency’ orders, authorized by a series of emergency amendments by the D.C. Council, make a mockery of this constitutional requirement,” the lawsuit said. “The months-long extension of emergency orders authorized by the DC Council’s Emergency Act — which was not passed by Congress — undermines Congress’s constitutional authority.”

The suit seeks a declaration that the district’s actions are unlawful and constitute unspecified compensatory damages. Bowser warned that he might take similar action in the future, such as issuing emergency orders related to monkeypox.

In an interview, Robert Alt, president and CEO of the conservative Buckeye Institute and one of Flannery’s attorneys, said the district’s health department overreached during the outbreak. He said the department was established to prevent foodborne illness and keep rats out of restaurants, not to enact coronavirus laws.

“This is really about a principle that is bigger than a Big Board issue,” Alt said. “Does the Constitution Sleep During Epidemics?”

The D.C. Attorney General’s Office did not immediately respond to a request for comment.

Last summer, when conservatives across the country pushed back against vaccine laws, the Big Board became a front for their activism. Lawmakers including Sen. Rand Paul (R-Ky.) stood by to voice their support.

“It’s a big decision — public protest, public disobedience — when you lose your livelihood,” Paul said at the restaurant in January.

in February interviewFlannery said taking action against vaccination laws is “the right thing to do” because “bars and restaurants should be places where everyone is welcome.”

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