Judge upholds Minneapolis vaccine-or-test rule for eateries

Published 5:16 am Monday, January 31, 2022

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MINNEAPOLIS — A Hennepin County judge has upheld Minneapolis Mayor Jacob Frey’s vaccine-or-test mandate for bar and restaurant customers after several business owners asked for a temporary restraining order against the initiative.

The mandate that took effect this month requires customers to show proof of COVID-19 vaccination or a negative virus test within three days to dine at restaurants licensed by the city.

In the ruling issued late Friday, Miller said the bar and restaurant owners who filed suit were speculating that the mandate was the cause of their losses, when sales could have dropped because patrons are trying to avoid the omicron variant and the cold.

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“The Court recognizes that the pandemic has had a devastating economic impact on bars and restaurants, but the City cannot be held responsible for general pandemic-related business losses,” Miller wrote.

The complaint said that business owners support vaccines, but argued that Frey doesn’t have legal authority for such an order. They said their staffs are not equipped to enforce the order.

Frey and St. Paul Mayor Melvin Carter said earlier in a joint news conference that the rules were necessary to prevent more drastic measures seen in the earliest days of the pandemic, when numerous bars and restaurants shut down.

The lawsuit filed against Frey’s measure does not challenge the vaccine mandate in St. Paul.