Thank you for sharing!

Your article was successfully shared with the contacts you provided.
People dine at the waterfront bar and grill in the Fells Point neighborhood of Baltimore, MD, on Wednesday, July 15, 2020. Bars and restaurants set up outdoor dining only, with tables for patrons spread out to create social distancing to stem the spread of Coronavirus as the partial reopening of the economy takes place. (Photo: Diego M. Radzinschi/ALM) People dined outdoors in the Fells Point neighborhood of Baltimore this summer with tables for patrons spread out to create social distancing to stem the spread of COVID-19 and allow the partial reopening of the economy. (Photo: Diego M. Radzinschi/ALM)

An ongoing federal lawsuit in Michigan launched by a restaurant trade association that is fighting to stop the state’s latest COVID-19-based indoor dining ban appears to be emblematic of similar suits across the country.

It shows the commonality of certain federal constitutional arguments being made by food service businesses, such as claims rooted in the U.S. Constitution’s equal protection clause, commerce clause and due process rights. And it shows how high of a hurdle it is to convince federal courts, in the midst of a deadly and raging pandemic, to reverse dining bans handed down by governors, mayors and health officials who cite scientific data as they impose farther-reaching restrictions aimed at stopping America’s dramatic jumps in coronavirus deaths and illness.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

More from this author

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.