Indiana restaurant sues governor, state over mask mandate

Indiana

FILE – In this Thursday, April 30, 2020 file photo, Gov. Eric Holcomb wears a mask in Kokomo, Ind. Indiana will have a statewide face mask mandate starting next week, joining many other states in the attempt to slow the spread of the coronavirus. Gov. Eric Holcomb said Wednesday, July 22, 2020, the order will apply to anyone ages 8 and older in any indoor public or business areas and at outdoor public spaces when sufficient distancing can’t be maintained. The order will take effect Monday July 27. (AP Photo/Michael Conroy, File)

BLUFFTON, Ind. (AP) — An Indiana restaurant that was shut down over the state’s mask mandate aimed at slowing the spread of the coronavirus is taking the issue to court.

Yergy’s State Road BBQ LLC in Bluffton says it was improperly closed for violating masking requirements and capacity limits. Bluffton is a town in Wells County about 40 minutes south of Fort Wayne.

The restaurant filed a suit Tuesday against the Wells County Health Department, Gov. Eric Holcomb and the state. Yergy’s contends the Wells County health order that shuttered the restaurant was based on “improper Executive Orders” issued by the governor “outside the narrow scope of the Emergency Declaration Law.”

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(This story was originally published on December 18, 2020)

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