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Ex. DUT-TN-018 Standing duty Primary source read

The Local Spot, Inc. v. Lee, No. 3:20-cv-00421, Doc. 59 (M.D. Tenn. July 14, 2020) (order refusing temporary restraining order)

Order on Plaintiffs' Motion for Temporary Restraining Order (bars and restaurants v. Governor Lee, Mayor Cooper and Chief Medical Director Caldwell)

United States District Court for the Middle District of Tennessee (Richardson, J.) · Tennessee (Middle District of Tennessee; Metropolitan Nashville-Davidson County) (Court)

The COVID Project

The record

Jurisdiction
Tennessee (Middle District of Tennessee; Metropolitan Nashville-Davidson County) · Tennessee
Level
Court
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
Issued
2020-07-14 July 14, 2020
Effective
2020-07-14
End
n/a (order) (read as 2020-09-30)
In force
July 14, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitation types
Business closureCapacity limitAlcohol and bars
Addressees
  • specified businesses (bars, limited-service restaurants and restaurants in Davidson County); by its reasoning, every business subject to a Tennessee health order
Character
adjudication
Collection
Standing duties: Tennessee DUT-TN

Operative words

During a health pandemic, the court's power of review is not entirely negated, but it is limited to asking whether the governing authorities have taken action in 'an arbitrary, unreasonable manner' or through 'arbitrary and oppressive regulations.'... Plaintiffs did not demonstrate that they were likely to succeed on the merits of their claims relating to... Health Order 9.

Penalty

Citations by the Metro Beer Permit Board and the Metro Health Department under Health Order 9 continued; the order recites them

What it required

Left in force, against Nashville bars and restaurants, Health Order 9's 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's Big Ass Honky Tonk and Honky Tonk Central; the court applied the Jacobson standard, quoting the Sixth Circuit that 'the police power retained by the states empowers state officials to address pandemics such as COVID-19 largely without interference from the courts.' Character as recorded: adjudication (order_penalty layer).

Retrieval note

Official court document from GovInfo (Doc. 59, filed July 14, 2020, eight pages). The Attorney General relied on this order in Opinion No. 20-14 (Ex. DUT-TN-015). The Tennessee Court of Appeals' decision in State ex rel. Tulis v. Lee (challenging the Governor's use of title 58 rather than sec. 68-5-104) was identified on CourtListener but could not be retrieved (CourtListener and the Tennessee courts' site refused fetching); it is not relied on.