2 St. Charles County Businesses Sue To Block COVID-19 Restrictions Requiring Bars To Close At 11 P.M.

CBS St. Louis

December 24, 2020

Two St. Charles restaurants are suing both St. Charles County and the City of St. Charles over restrictions enacted by Health Director Demetrius Chapman which force any establishment that serves alcohol to close by 11 p.m. Shamrock's Pub and Grill, which is in St. Peters, and Tony's On Main are both part of a suit alleging that the restrictions, which went into place in late November, are arbitrary and designed to target bars on Main Street.

"On November 24, 2020, and after many months of taking no action to prevent the spread of COVID-19 in business establishments in St. Charles County, Missouri, The Director of the Department of Public Health, Demetrius C. Chapman, issued a bizarre and non-sensical "Public Health Emergency Order" in which he immediately, and without notice, ordered bars, restaurants, and nightclubs which serve alcohol to close at 11:00 p.m.," the suit reads. "No other dining establishments or other retail businesses in St. Charles County are the subject of the order."

The suit goes on to say the "emergency" is self-proclaimed, and that Chapman has not performed the duties he, by law, is required to undertake if he issues such a health order.
Those obligations, according to the suit, are:

• Inspecting premises which he has reasonable grounds to believe are conducive to the spread of the disease;
• Collection samples of specimens that may be necessary to confirm the presence of the disease;
• Making a complete epidemiological, environmental investigation and recording the findings on a communicable disease or exposure report form;
• Notifying potentially exposed individuals of the risk or potential risk of the disease

Not only did Chapman fail in his obligations under the C.S.R., but his premise that it is now necessary to close Plaintiffs' businesses at the magical hour of 11:00 p.m. to stop the spread of Covid-19, while at the same time allowing restaurants such as Denny's or Waffle House to remain open twenty-four (24) hours a day because those establishments arguably do not facilitate the spread of Covid-19, is flawed, and has no factual or scientific basis," the suit reads.

Court documents also point to the notable exception of Ameristar Casino, which is allowed to operate and serves alcohol on the gaming floor past 11 p.m. The suit is seeking a temporary restraining order blocking the order, saying the restaurants involved are losing revenue and cutting staff as a result.
The defendants also claim that the health order was designed to curb late-night traffic specifically to restaurants on Main Street. Plaintiffs assert that the Order's real purpose was not to stop the spread of Covid-19, but to further a plan devised by the County and the City, under the guise of a Public Health Order, to prevent and discourage patrons from frequenting bars and restaurants on North Main Street in the City of St. Charles," the suit reads.
The owners of Shamrock's also point to the fact that the St. Peters Health Department has not issued an emergency order, and argue the restaurant should not be subjected to more restrictions than the city imposes on its businesses.