{"id":"DUT-VA-020","kind":"duty","level":"court","jurisdiction":"Virginia (United States District Court for the Western District of Virginia, Roanoke Division)","state":"VA","metro":"","industry":"","agency":"","eco":"","issuer":"Thomas T. Cullen, United States District Judge","authority":"Belle Garden Estate, LLC v. Northam, No. 7:21-cv-00135, ECF No. 24 (W.D. Va. Mar. 26, 2021) (Cullen, J.)","instrument":"Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135","title":"Belle Garden Estate, LLC v. Northam, No. 7:21cv00135 (W.D. Va. Mar. 26, 2021)","dateIssued":"2021-03-26","effective":"2021-03-26","end":"Final as to the preliminary injunction; EO 72 was terminated by EO 79 at midnight May 28, 2021 (Exs. VA-017, VA-029)","startDate":"2021-03-26","endDate":"2021-05-28","quarters":["2021Q1","2021Q2"],"types":["CAP","GATH","EVT","COND"],"addressees":["specified businesses (wedding and event venues; entertainment and amusement businesses under EO 72 as amended); by its reasoning, every business under EO 72"],"clause":"Belle Garden is unlikely to succeed on the merits of its First and Fourteenth Amendment claims, has not pleaded irreparable harm, and has failed to demonstrate that the equities or public interest weigh in favor of an injunction. The court will therefore deny its motion.","enforcement":"Not a penalty instrument; it left EO 72 and its Class 1 misdemeanor enforcement in force","functions":[],"notes":"A federal court\u0027s refusal, in the first quarter of 2021, to relieve a Virginia event venue of the Fourth Amended EO 72\u0027s capacity conditions (entertainment and amusement businesses at 30 percent of capacity up to 250 persons; private bookings capped), holding the order a lawful exercise of the police power reviewed under the rational basis standard and describing the March 30, 2020 stay-at-home order and the phased orders that followed as the regime under which Virginia businesses had operated since; the opinion also records that the venue\u0027s claimed losses ran to \u0027$5,000 to $8,000 per cancelled wedding.\u0027 Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://storage.courtlistener.com/recap/gov.uscourts.vawd.121776/gov.uscourts.vawd.121776.24.0.pdf","snapshot":"","fileExists":true,"fileBytes":168658,"grade":"primary","character":"adjudication","description":"","collection":"DUT-VA","url":"/library/DUT-VA-020","exhibitUrl":"/exhibit/DUT-VA-020","citation":"Thomas T. Cullen, United States District Judge, Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135 (Mar. 26, 2021) (Ex. DUT-VA-020)","stateName":"Virginia","related":["VA-017","VA-029"]}