Judge orders Lexington coffee shop that refused to close to stop serving customers
A judge has sided with the Lexington-Fayette County Health Department in a court case against a Lexington coffee shop that refused to close its indoor dining area in violation of the governor’s order.
Fayette Circuit Judge Thomas Travis on Tuesday granted the health department a temporary injunction prohibiting Brewed coffee shop from offering food or drink service at its location on Malabu Drive.
“We are pleased with the judge’s ruling today and will continue to do our part in helping protect the health of the community,” health department spokesman Kevin Hall said in a statement.
Coffee shop owner Andrew Cooperrider continued to offer indoor service to customers after Gov. Andy Beshear’s emergency order prohibiting dining room seating was issued and after health department inspectors issued paperwork to close the business, which prompted the health department to file a lawsuit. The health department had asked the judge for an emergency injunction barring Brewed from serving food and beverages until it complies with the order prohibiting indoor dining.
Travis said in his order Tuesday that the health department is likely to prevail in its suit against Cooperrider since “the Kentucky Supreme Court recently held that the governor is lawfully acting within the emergency powers granted to him by the legislature when he issues such public health emergency orders to attempt to reduce the spread of COVID-19.”
“While sympathetic to many of the arguments raised by ... Mr. Cooperrider, including the likely financial distress the enforcement of the governor’s (emergency orders) would place on him, his business ‘Brewed,’ and his employees, as a trial court this court is duty bound to follow existing Kentucky law applicable to the issues raised,” Travis wrote in the order issued Tuesday.
The judge’s order will expire when the governor’s emergency order expires.
Statements posted on Brewed’s Facebook page Tuesday afternoon indicated that the business was continuing to serve customers.
“We will suspend our service tonight at 9pm in order to hold a community meeting,” stated one post that was shared just before 6 p.m. “We would like to have a meeting with all area business owners tonight at 9:30pm. Please join us. No media will be allowed. Please wear a mask.”
This story was originally published December 1, 2020 at 6:18 PM.
