Restaurant group sues Colorado health department over limits on dining capacity |

Restaurant group sues Colorado health department over limits on dining capacity

Tavern League of Colorado to file an amended complaint Wednesday seeking to stop Gov. Polis’ new last call order

Conrad Swanson / The Denver Post
Colorado Gov. Jared Polis speaks to reporters at the governor's mansion in downtown Denver on Thursday, June 11, 2020.
Jesse Paul / Colorado Sun

A group representing more than 200 Colorado bars and restaurants filed suit against the state health department Tuesday, arguing against state capacity limits set to combat the spread of COVID-19, the owner of one member tavern said.

Chris Fuselier, owner of the Blake Street Tavern, said the Tavern League of Colorado filed the lawsuit against the Colorado Department of Public Health and Environment in Denver District Court and would file an amended complaint Wednesday to stop Gov. Jared Polis’ order that last call for alcohol shift from 2 a.m. to 10 p.m.

Attorney Jordan Factor confirmed that the lawsuit was filed Tuesday in Denver District Court. It asks a judge to stop — by order of injunction — the state from enforcing capacity limits.

Colorado restaurants are currently allowed to serve at half capacity or up to 50 people, whichever is fewer.

Polis aired his frustrations with partiers drinking in social settings after a state report found that the 20-29 age group is leading the spread of infection in Colorado. Overall virus cases and hospitalizations have about doubled in the past two weeks.

But Fuselier called the new order arbitrary. He said the order is devastating to restaurants and said Polis “continues to blame restaurants for COVID-19 problems without any data or science.”

To read the rest of the article from The Denver Post, click here.

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