Music & Games

Minnesota music/games operators sue state over pandemic restrictions

Image courtesy of Minnesota Operators of Music & Amusement Association.

March 2, 2021

The Minnesota Operators of Music & Amusement Association, which provides entertainment to thousands of bars and restaurants in Minnesota, along with several restaurant and entertainment centers, is suing the state for enacting what it claims are unconstitutional restrictions due to COVID-19, including a curfew, which are causing significant financial losses to bars, restaurants and associated vendors, according to a press release.

The suit targets the Minnesota governor's office along with the state departments of health, labor and industry and employment and economic development,

"The decision to close restaurants and bars between the hours of 11 p.m. and 2 a.m. was made without citing any data demonstrating that the risk of COVID exposure increases during this time and it has greatly affected our ability to survive as an industry," Dan Lieberman, president of American Amusement Arcades and a board member of MOMA, said in the release. "The bottom line is our industry has been following safety protocols and procedures and there have been no reports of COVID-19 cases traced back to patrons playing billiards, darts, arcade games or other devices in bars or restaurants in Minnesota. We are asking the governor and his administration to show transparency in how they are mandating restrictions on our business."

MOMA estimates its members have been forced to lay off, furlough or terminate more than 30% of employees as a result of the orders limiting bar and restaurant hours and capacity.

MOMA said the companies they represent experienced a 10% to 15% increase in business when Gov. Tim Walz moved the restaurant and bar curfew from 10 p.m. to 11 p.m. They expect another 15% to 20% increase if they are allowed to operate until normal closing times throughout the state.

The suit is requesting the following:

• The elimination of any curfew on bars and restaurants.
• A temporary restraining order that would lift the curfew immediately until the case is heard.
• Equal protection currently afforded retailers.
• A detailed plan with measurable benchmarks that would designate when capacity and curfew restrictions will be relaxed and eventually lifted.
• Monetary damages.