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NE Indiana BBQ restaurant sues Holcomb over mask mandate, executive orders

Posted at 3:17 PM, Dec 18, 2020
and last updated 2020-12-18 20:10:43-05

BLUFFTON — A restaurant owner in northeastern Indiana filed a lawsuit this week against Gov. Eric Holcomb and his county health department over the governor’s executive orders and mask mandate.

Yergy’s State Road BBQ in Bluffton, Indiana, filed suit Tuesday in Wells Circuit Court against the Wells County Health Department and Holcomb in his official capacity.

The lawsuit states the business is “aggrieved and adversely affected” by the health department’s order, which is based off Indiana law and Holcomb’s executive orders during the COVID-19 pandemic.

“The [health department] Order, if enforced against Yergy’s, Will result in permanent closure of Yergy’s business at time when numerous Indiana small businesses like Yergy are being jeopardized by restrictions that drive down sales or otherwise compel permanent closure,” the lawsuit states.

It also said the order threatens the employment of numerous workers at the restaurant and would only increase the unemployment claims made in 2020. The lawsuit pushes back on the state’s mask mandate, saying there is “no rational basis” for requiring employees to wear facemasks.

The lawsuit falsely states that “it has not been established as fact that asymptomatic individuals can even spread coronavirus.”

“People who are infected but do not show symptoms can also spread the virus to others,” the CDC says on its website.

The lawsuit also falsely claims infection risk is increased while wearing a cloth mask due to moisture retention, reuse, and poor filtration.

TheCDC advises everybody over the age of 2 wear a mask in public setting and when around people who don’t live in your household.

The lawsuit asks that the court declare that the aspects of the health department’s orders are “invalid attempted exercises of the Emergency Disaster Law.”

When asked about the lawsuit, Holcomb released this statement:

“We do our homework before we create executive orders. I’m confident in my authority to set in place requirements that save Hoosier lives.”

Read the full lawsuit below. If you do not see it, click here to read it.