ST. LOUIS — A lawsuit filed on Monday on behalf of an antique store in ºüÀêÊÓƵ and a gym in ºüÀêÊÓƵ County asks a judge to block emergency orders that are keeping many city and county businesses shuttered as the state begins to reopen.
The lawsuit in U.S. District Court in ºüÀêÊÓƵ was filed by Clayton-based attorney Bevis Schock on the first day after the expiration of Gov. Mike Parson’s statewide stay-at-home order. Businesses across most of the state can start letting customers inside, with rules that still limit the size of gatherings.
ºüÀêÊÓƵ and ºüÀêÊÓƵ County remain locked down indefinitely on orders from their top leaders. Mayor Lyda Krewson and ºüÀêÊÓƵ County Executive Sam Page reiterated Monday that they’ll revisit their respective stay-at-home orders in mid-May.
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The lawsuit claims that under Missouri law, only the director of Health and Senior Services has the authority to order businesses closed. It asks the court to temporarily and permanently restrain the city and county from enforcing their orders. A hearing has not yet been set.
The plaintiffs are SH3 Health Consulting LLC, which operates at 14577 Manchester Road, and LLC, at 2016 Cherokee Street. Each of the business owners wanted to open on Monday, according to the lawsuit.
The lawsuit points to a state law that county health commissioners may make orders that do not conflict with state health department rules and regulations.
State law says that in a statewide pandemic, only the state health director or a designated representative has the authority to close a private school “or other place of public or private assembly.â€
In addition to Page and Krewson, the lawsuit names as defendants ºüÀêÊÓƵ County co-acting health director Emily Doucette and ºüÀêÊÓƵ health director Fredrick Echols.
City Counselor Julian Bush said, “We are confident in Dr. Echols’ authority to promulgate the regulations.â€
County Counselor Beth Orwick said in an email, “I will not comment on pending litigation.â€
Schock is known for challenging traffic enforcement by camera, in lawsuits that resulted in the state Supreme Court striking down red-light camera ordinances in 2015. He briefed news reporters on Thursday about his plans for the lawsuit, appearing in the lobby of his office building in Clayton with Allan Finnegan, the principal of Anytime Fitness.
He said he had sent Page and Krewson letters notifying of his intent to sue when Parson’s order expired, and asking them “to open up these communities.â€
Finnegan said before his business was ordered to close, he had already put social distancing measures in place. Only 10 customers were allowed at a time for reserved hourlong slots, and each customer was limited to a space in the gym for their visit.
“What we were doing in the gym was way better than going into any grocery store or Walmart,†he said.
Asked whether by challenging the stay-at-home orders he was putting lives at risk, Schock answered, “Probably. I mean, we’re in a pandemic. People are going to die. That’s what happens in pandemics.â€
He said, “I’m not questioning the science of this, because I don’t know anything about the science of this. My job is to be a lawyer. My job is to say, ‘Is there the authority for Sam Page and Mayor Krewson to say people like Mr. Finnegan can’t open their gym and other nonessential businesses?’â€