John Davey, Prince George’s County judge, upholds ban on indoor dining

Circuit court judges in Prince George’s and Montgomery counties and the city of Baltimore on Wednesday upheld coronavirus restrictions on dining that scores of restaurants and eateries had opposed as draconian.

In Prince George’s County, Judge John P. Davey ruled that the county’s ban on indoor dining was properly issued “to combat an epidemic that continues to surge.”

“While indoor eating at restaurants is but one means of transmitting COVID-19, the County has demonstrated that indoor eating creates an additional risk of spreading the infection because patrons are removing their masks to eat,” Judge Davey wrote in a six-page ruling.

County officials authorized the ban last week, citing upticks in infections, hospitalizations and deaths attributable to COVID-19. The Centers for Disease Control and Prevention cited a link between indoor dining and the spread of the disease.

With more than 900,000 residents, Prince George’s County is the second most populous jurisdiction in Maryland and has recorded more COVID-19 cases — 51,462 as of Wednesday — than any other county or municipality.

The lawsuit was one of three filed last week by the Restaurant Association of Maryland and nearly 100 restaurants statewide challenging dining restrictions implemented by local officials.

The businesses joined forces seeking to reverse recent bans on indoor dining in Prince George’s and Montgomery counties, and a ban on indoor and outdoor dining in the city of Baltimore.

In Baltimore, Judge Lawrence Fletcher-Hill said the restriction on indoor and outdoor dining was issued to preserve public health but noted that the restaurant industry has been hit particularly hard during the pandemic, The Baltimore Sun reported.

Mayor Brandon M. Scott said in a press release Wednesday that his decision to temporarily restrict dining “was not an easy one, but was necessary.”

“We will continue to evaluate the COVID metrics on infections, hospitalizations and deaths and I will ease restrictions when it is justifiable by the data,” Mr. Scott said.

Maryland’s largest city has more than 580,000 residents and reported 30,080 COVID-19 cases and 656 related deaths Wednesday.

In Montgomery County, Judge James Bonifant conducted an hourslong hearing that included testimony from numerous witnesses in opposition to the executive order banning indoor dining that the County Council approved last week.

Judge Bonifant issued a ruling late Wednesday finding in favor of the ban.

“The county council, the county executive are trying to protect this community from death and from the virus,” Judge Bonifant said, according to The Washington Post. “I believe that standard is clear, and I believe that they are doing the best they can.”

County Executive Marc Elrich tweeted Wednesday that he was “pleased” with the ruling.

“The steps we have taken throughout the pandemic were done out of a grave concern for public health and today’s ruling supported that notion,” Mr. Elrich said.

The state’s most populous jurisdiction, Montgomery County has more than 1 million residents and has recorded more deaths related to COVID-19 — 1,032, as of Wednesday — than any other county or municipality.

Judge Davey’s decision in Prince George’s followed a virtual hearing during which the plaintiffs called five witnesses to testify, including restaurateurs, association officials and a biostatistics expert.

Marshelle Burges, owner of the RIPS Country Inn in Bowie, testified that her business is suffering revenue losses of about $1,500 per day and her employee payroll is twice that amount, according to the court filings.

The judge also heard testimony from three defendants — the county health officer, a physician and the vice president of the county’s Economic Development Corp.

Dr. Eili Y. Klein, an expert witness associated with the John Hopkins University School of Medicine, testified that the county is experiencing a surge in COVID-19 cases. Although it is impossible to pinpoint where the infection occurred, he said, “indoor settings, where people are not wearing masks, are creating a higher risk of transmission.”

Judge Davey said he agrees that closing local restaurants will cause a “significant hardship to owners, employees and suppliers,” and that closing restaurants statewide would be “more effective.” Additionally, he said money from the state’s Restaurant Resiliency Fund are “insignificant” compared with the losses.

“Notwithstanding those facts, the Court believes that the County Executive has articulated a legitimate government interest to save lives and maintain sufficient hospital beds to care for Prince George’s County citizens,” the judge wrote.

County Executive Angela D. Alsobrooks said Wednesday in a statement that “closing indoor dining gives me no pleasure” but it has been her duty “to take difficult actions to mitigate the spread of COVID-19 and save lives.”

“This has been an unforeseen and unprecedented time, and I will continue to take all steps possible to support our restaurant community, while preserving the health and wellbeing of Prince Georgians,” Ms. Alsobrooks said.

Meanwhile, Marshall Weston, president and CEO of the Restaurant Association of Maryland, said in a press release Wednesday that he was “disappointed” in the rulings.

“This decision directly impacts thousands of employees who have lost their jobs and accelerates the number of restaurants who will close permanently,” Mr. Weston said.

The three complaints against the dining ban were filed the day after a circuit court judge in Anne Arundel County temporarily blocked County Executive Steuart Pittman’s prohibition on indoor dining just hours before it was set to go into effect last week.

Outdoor dining also was supposed to be banned, but Mr. Pittman changed his mind that day and decided to allow it.

Anne Arundel’s restaurants are allowed to keep serving patrons at the statewide limit of 25% indoor capacity until the next hearing, scheduled for Dec. 28.

Maryland law allows local county officials to implement stricter rules than those implemented by Gov. Larry Hogan, who has restricted indoor dining to 50% and required indoor operations to close from 10 p.m. to 6 a.m. daily.

In the District, Mayor Muriel Bowser’s prohibition on indoor dining began Wednesday and lasts until Jan. 15.