The Justice Potter Stewart U.S. Courthouse for the Court of Appeals for the Sixth Circuit in Ohio. Courtesy photo 6th Circuit: 'Overwhelming Majority' of Case Law Says COVID-19 Closures Are Not 'Unconstitutional Takings'
"Plaintiffs have not offered any argumentation as to why Defendants are not entitled to qualified immunity," Judge Eric L. Clay wrote on behalf of the panel. "Nor do they direct the Court to any caselaw indicating that Defendants' various orders violated a clearly established constitutional right. And for good reason: there is no clearly established precedent that pandemic-era regulations limiting the use of individuals' commercial properties can constitute a Fifth Amendment taking. In fact, the overwhelming majority of caselaw indicates that such regulations are not takings."
July 19, 2022 at 05:28 PM
5 minute read
The U.S. Court of Appeals for the Sixth Circuit ruled in favor of Michigan state officials on Tuesday, finding a roller-skating rink's lawsuit over COVID-19 executive orders was correctly dismissed by the district court.
The plaintiff, Skatemore Inc., a corporation managing roller rinks in Michigan, along with Slim's Rec Inc., a bowling alley and restaurant manager, were forced to close their doors to patrons on March 16, 2020, when Gov. Gretchen Whitmer signed an executive order in an effort to reduce the spread of COVID-19.
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