City files to temporarily close business that refused to comply with DHM; Madsen’s files motion to dismiss
LINCOLN, Neb. (KOLN) - On Tuesday morning, the motion for a temporary injunction was filed by the city against Madsen’s Bowling & Billiards, to force the business to comply with the current Lincoln-Lancaster County Directed Health Measures.
The motion cites the emergency declaration Mayor Leirion Gaylor Baird made in response to the Coronavirus back in March and the Municipal Code stating that the Health Director has the authority to order the closure of any business.
It says that Madsen’s was given a notice by the Health Order to correct non-compliance issues, to comply, saying that the business “negligently, recklessly, or intentionally failed to comply or obey the Health Order”. It specifically says the business allowed employees to work without face coverings, and allowed patrons and groups to congregate within six feet of each other without face coverings.
Madsen’s management filed a motion to dismiss for “failing to allege great or irreparable injury” Tuesday afternoon. According to the Madsen’s court document:
“The Defendant Madsen Bowling & Billiard Center Co., pursuant to Neb. Rev. Stat. §25-1063 and moves the Court for an order dismissing Plaintiffs Complaint for failing to allege great or irreparable injury to the Plaintiff as required by Neb. Rev. Stat. §25- 1063.
Further, Defendant shows to the Court that the case should be dismissed pursuant to Nebraska Court Rules of Pleading §6-1112(b)(6) and (7), because the Complaint fails to state a claim upon which relief can be granted and it fails to join a necessary party, to wit: Patricia D. Lopez, the putative Health Director for the Lincoln Lancaster County Health Department.”
On Saturday, the business refused to obey an order to close from the Health Department. Madsen’s hosted a pool tournament Saturday. Madsen’s General Manager Ben Madsen told 10/11 NOW Saturday, “I’ll just wait and see what happens and if anything does happen, I’ll stand up for our rights as free citizens of the United States of America.”
The City’s motion says “closing Defendants’ business is necessary to protect the safety, health, and welfare of the citizens of City.”
There is a hearing on the motion scheduled in Lancaster County District Court on Wednesday afternoon.
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