Bismarck, N.D. (AP) - A North Dakota judge has dismissed a lawsuit challenging the governor’s authority to shut down businesses during a pandemic.
The Bismarck Tribune reports the hair salon at a Minot assisted living facility that sued in April plans to appeal to the state Supreme Court.
Somerset Court LLC and salon operator Kari Riggin sued Gov. Doug Burgum and then-State Health Officer Mylynn Tufte in an effort to allow the facility’s in-house hair salon to continue providing services to residents. They asserted that Burgum’s orders went beyond his authority and denied plaintiffs their constitutional right to earn a living.
The attorney general’s office argued on behalf of the state that the governor has both constitutional and statutory authority to manage disasters and emergencies, including temporarily restricting certain businesses. The state asked that the case be dismissed.
South Central District Judge Daniel Borgen in a ruling filed Tuesday granted that request.
Lynn Boughey, an attorney for Somerset Court, said the decision will be appealed.
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