PITTSBURGH – A Pittsburgh restaurant has sued Allegheny County and its Health Department for its enforcement of the emergency orders associated with the coronavirus pandemic, arguing it has been damaged by the allegedly-unconstitutional decrees.
The Cracked Egg, LLC of Pittsburgh filed suit in the U.S. District Court for the Western District of Pennsylvania on Sept. 23 versus Allegheny County and the Allegheny County Health Department, of Pittsburgh.
The Cracked Egg is a family restaurant in the Brentwood section of Pittsburgh, which argues it was negatively affected by Gov. Tom Wolf’s disaster emergency declarations and other orders associated with the coronavirus pandemic in March.
Later, Secretary of Health Dr. Rachel Levine issued an order requiring universal face coverings on July 1 and Wolf issued an order implementing targeted mitigation measures, such as 25 percent occupancy for indoor dining and a maximum of 25 persons allowed on the premises including staff – though the plaintiff argues such measures were not deemed mandatory under the law.
As a result, when the Allegheny County Health Department conducted an inspection of The Cracked Egg on Aug. 11, the ACHD issued a report ordering that the restaurant be closed for “failure to comply with mask or facial covering guidelines.”
On Sept. 16, the ACHD filed a civil complaint against The Cracked Egg along with an emergency motion for preliminary injunction. However, the restaurant said the complaint was improperly served over e-mail and without specific information identifying it as such.
“The Cracked Egg believes and therefore avers that the failure to effectuate proper service was calculated to allow the ACHD to obtain its requested relief in an ex parte manner without any opposition,” the suit says.
As a result, the restaurant files the instant federal lawsuit.
For counts of unenforceable orders, improper extension of emergency powers, violation of the separation of powers doctrine, deprivation of procedural and substantive due process, deprivation of equal protection under the law, the plaintiff is seeking:
• A declaratory judgment finding that the ‘emergency orders are unconstitutional, and that the defendants have violated the plaintiff’s civil rights by attempting to enforce such orders;
• An injunction to prevent further violations;
Damages, attorneys’ fees pursuant to 42 U.S.C 1988; and any other relief that is just and appropriate.
The plaintiff is represented by James R. Cooney, Robert O. Lampl, Sy O. Lampl, Alexander L. Holmquist and Ryan J. Cooney of Robert O. Lampl Law Office, in Pittsburgh.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01434
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com