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Hearings consolidated for local businesses accused of violating mask order

KIANNA GARDNER | Hagadone News Network | UPDATED 5 years AGO
by KIANNA GARDNER
Daily Inter Lake | November 5, 2020 11:00 PM

Four Flathead County District Court judges collectively approved a renewed motion to consolidate preliminary injunction hearings for five separate lawsuits that were recently brought against Flathead County businesses after the establishments allegedly violated Gov. Steve Bullock’s COVID-19 mask mandates.

Scotty’s Bar and Steakhouse, Sykes Diner, Ferndale Market, Your Lucky Turn Casino and the Remington Bar were all sued by the Montana Department of Public Health and Human Services (DPHHS) in late October. The complaints were lodged after state inspectors allegedly discovered employees and patrons of the businesses were not following Bullock’s directive, which went into effect in mid-July and requires individuals wear facial coverings when indoors in order to prevent the spread of COVID-19.

The state had sought immediate injunctions against the businesses, but Judges Amy Eddy, Heidi Ulbricht, Dan Wilson and Robert Allison all denied those requests and instead scheduled five separate preliminary injunction hearings for November.

DPHHS then filed a request to consolidate those hearings in late October, arguing the complaints in all five lawsuits are similar in nature. This first request was denied by the judges, who deemed the motion as “not appropriate,” and further stated the defendants had not yet been served.

But DPHHS renewed its motion to consolidate the hearings earlier this week after all of the businesses had been officially served, obtained legal counsel and had “indicated they do not oppose consolidating these cases,” according to the motion. All four judges approved the request.

According to motion, the health department asked that the joint hearing be set for the week of Nov. 9, citing a “need for haste in a fast-moving epidemic.” But as of Thursday afternoon, a hearing date had not been set and a judge had not been chosen to preside over the hearing.

Reporter Kianna Gardner can be reached at 758-4407 or [email protected]

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