Group Of Minneapolis Restaurants Sue City, Mayor Over Vax Mandate

MINNEAPOLIS — Seven Minneapolis restaurants Thursday filed a joint lawsuit against the city and Mayor Jacob Frey over the vaccine mandate that went into effect Wednesday.

Under the mandate, customers of the city's bars, restaurants, and other places that serve food or drink must show proof they've received the COVID-19 vaccine or show a negative PCR test result.

The group of restaurants includes Smack Shack, The Gay 90's Sneaky Pete's, Wild Greg's Saloon, Urban Forage, Jimmy John's, and Bunkers Music Bar and Grill.

The owners of the establishments say they aren't in a position to enforce the health mandate, and they shouldn't be "used as pawns to further mayor Frey’s agenda of pushing for and convincing the public to get vaccinated."

The lawsuit states that the city's bars and restaurants "are being singled out without process to perform a function wholly unrelated to their business or licensures — namely identification and enforcement of individual’s health status, including their vaccination status and/or whether they have obtained a negative COVID-19 test administered by a medical profession."

Frey said last week that the mandate was necessary because "the recent surge in cases is overwhelming our hospitals and the data is clear that more is needed to keep our city safe and open while we weather this highly contagious variant."

He added, "this is an important opportunity to continue supporting your favorite local businesses and restaurants, knowing fellow patrons are either vaccinated or have tested negative. We all have a role in helping curb this surge in cases and keeping our city moving forward."

The vaccine mandate applies to places that serve food or drink, including:

• Indoor restaurant spaces, coffee shops, cafes within larger spaces (for example, museum cafes, gyms).
• Bars
• Sports venues that serve food or drink for onsite consumption
• Entertainment venues such as theaters and bowling alleys that serve food or drink for onsite consumption
• Conventions (if food is being served), catering halls and food courts (if the area is exclusive to a specific restaurant)

Exceptions to the mandate include:

• Children under age 2
• Athletes, performers, and supporting staff competing or performing at any space of public accommodation
• K-12 and early childcare settings
• Hospitals
• Congregate care facilities or other residential or healthcare facilities
• Locations that provide takeout service only
• Food or drink as part of a religious practice
• Outdoor spaces; grocery stores
• Convenience stores and other establishments that primarily sell food and other articles for offsite use except in seated dining areas within those stores
• Soup kitchens and other sites serving vulnerable populations

Read the entire lawsuit here.