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    Nashville Bar Restraining Order

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    Anonymous GF8PPILW5
    This document is a temporary restraining order issued by a federal district court judge in Tennessee. The order restrains and enjoins Nashville and state officials from selectively enforcing public health orders against the plaintiff businesses. It also stays enforcement proceedings against the plaintiffs and enjoins officials from restricting the plaintiffs differently than other food service establishments. The judge found the plaintiffs' constitutional rights to equal protection and due process were being violated, creating irreparable harm.

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    © All Rights Reserved
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    Nashville Bar Restraining Order

    Uploaded by

    Anonymous GF8PPILW5
    26K views4 pages
    This document is a temporary restraining order issued by a federal district court judge in Tennessee. The order restrains and enjoins Nashville and state officials from selectively enforcing public health orders against the plaintiff businesses. It also stays enforcement proceedings against the plaintiffs and enjoins officials from restricting the plaintiffs differently than other food service establishments. The judge found the plaintiffs' constitutional rights to equal protection and due process were being violated, creating irreparable harm.

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    Nashville bar restraining order

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    Nashville bar restraining order

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    This document is a temporary restraining order issued by a federal district court judge in Tennessee. The order restrains and enjoins Nashville and state officials from selectively enforcing public health orders against the plaintiff businesses. It also stays enforcement proceedings against the plaintiffs and enjoins officials from restricting the plaintiffs differently than other food service establishments. The judge found the plaintiffs' constitutional rights to equal protection and due process were being violated, creating irreparable harm.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    26K views4 pages

    Nashville Bar Restraining Order

    Uploaded by

    Anonymous GF8PPILW5
    This document is a temporary restraining order issued by a federal district court judge in Tennessee. The order restrains and enjoins Nashville and state officials from selectively enforcing public health orders against the plaintiff businesses. It also stays enforcement proceedings against the plaintiffs and enjoins officials from restricting the plaintiffs differently than other food service establishments. The judge found the plaintiffs' constitutional rights to equal protection and due process were being violated, creating irreparable harm.

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    You are on page 1of 4

    UNITED STATES DISTRICT COURT

    FOR THE MIDDLE DISTRICT OF TENNESSEE

    THE LOCAL SPOT, INC. d/b/a THE LOCAL, )


    GEOFFERY REID, HARRY O’S )
    STEAKHOUSE, LLC d/b/a KID ROCK’S BIG )
    ASS HONKY TONK AND STEAKHOUSE, )
    HTDG, LLC d/b/a HONKY TONK CENTRAL, )
    and TIMOTHY STEPHEN SMITH, )
    )
    Plaintiffs, )
    )
    vs. ) NO. 3:20-cv-0421
    )
    WILLIAM B. LEE, in his official capacity as ) DISTRICT JUDGE RICHARDSON
    Governor of Tennessee, HERBERT H. )
    SLATERY, III, in his official capacity as ) MAGISTRATE JUDGE HOLMES
    Attorney General and Reporter of Tennessee, )
    JOHN COOPER, in his official capacity as )
    Mayor of Metropolitan Nashville-Davidson )
    County, and MICHAEL C. CALDWELL, in his )
    official capacity as Chief Medical Director of )
    Health for Metropolitan Nashville-Davidson )
    County and in his individual capacity, )
    METROPOLITAN NASHVILLE-DAVIDSON )
    COUNTY BEER PERMIT BOARD, and KIA )
    JARMON in her official capacity as a Board )
    Member and in her individual capacity, )
    )
    Defendants. )

    TEMPORARY RESTRAINING ORDER

    It is hereby ORDERED that the Defendants, Mayor John Cooper, Michael C. Caldwell,

    Metropolitan Nashville-Davidson County Beer Permit Board, their agents, servants, employees

    Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 1 of 4 PageID #: 510


    and attorneys, and all persons in active concert and participation with them, be and are hereby

    restrained and enjoined from the following actions; to wit:

    1. Defendants Metropolitan Nashville Government and Metropolitan Nashville-

    Davidson County Director of Health Michael Caldwell shall be restrained from targeting or

    selectively prosecuting Plaintiffs Harry O’s Steakhouse, LLC d/b/a Kid Rock’s Big Ass Honky

    Tonk and Steakhouse (Kid Rock’s), HTDG, LLC d/b/a Honky Tonk Central (Honky Tonk

    Central), and/or Timothy Stephen Smith as it relates to the enforcement of Metropolitan Nashville

    Health Code, Mayor John Cooper’s Reopening Plan, and any Public Health Emergency Orders

    from Dr. Michael Caldwell or the Metro Board of Health. The Defendants, Metropolitan Nashville

    Government and Dr. Michael C. Caldwell, are also enjoined and restrained from pursuing the

    prosecution of the Metro Citation MC183073 issued to Jason Embry, Manager for Plaintiff HTDG,

    LLC d/b/a Honky Tonk Central, and Metro Citation MC183144 issued to Joel Knight, Manager

    for Harry O’s Steakhouse, LLC d/b/a Kid Rock’s. The proceedings set for July 15, 2020 in the

    General Sessions Environmental Court for Nashville, Davidson County, Tennessee are stayed

    pending further Orders of this Court.

    2. Defendants Mayor John Cooper and Metropolitan Beer Permit Board, are

    restrained and enjoined from using the Metropolitan Beer Permit Board to target or use the

    Metropolitan Beer Permit Board for the selective prosecution of Defendants Kid Rock’s, Honky

    Tonk Central, and/or Timothy Stephen Smith. All proceedings as it relates to the Beer Board

    Citation issued against Harry O’s Steakhouse, LLC d/b/a Kid Rock’s are hereby restrained and

    enjoined pending further Orders of this Court.

    3. Defendants Mayor John Cooper, Metropolitan Nashville Government, and Dr.

    Michael C. Caldwell, Director of Health, are hereby restrained and enjoined from enforcing the

    Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 2 of 4 PageID #: 511


    restrictions on Plaintiffs as limited service restaurants as set forth in Public Health Enforcement

    Order 9 and Plaintiffs shall be allowed to operate in the same manner as a primary food service

    establishment as outlined on page two of Public Health Enforcement Order 9.

    4. The Court finds that the violation of the Plaintiffs’ constitutionally guaranteed

    rights to Equal Protection and Due Process under both the United States Constitution and the

    Tennessee Constitution have been and will continue to be violated, which creates irreparable harm

    and necessitates the issuance of this Temporary Restraining Order.

    It is further ORDERED that this Temporary Restraining Order shall remain in full force

    and effect for ____ days or until otherwise Ordered by this Court. Bond shall be set in the amount

    of $________ and a hearing is set for ______________________, 2020 at ____________ o’clock.

    ENTERED this the __________ day of July, 2020 at ______________ o’clock.

    ____________________________________
    HONORABLE JUDGE ELI RICHARDSON

    Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 3 of 4 PageID #: 512


    Approved for Entry:

    /s/ James Bryan Lewis_________________


    JAMES BRYAN LEWIS, BPR NO. 15116
    Attorney for Plaintiffs
    214 Second Avenue North, Suite 103
    Nashville, TN 37201
    615-256-2602
    bryan@bryanlewislaw.com

    SOVEREIGNTY LEGAL FOUNDATION

    /s/ Kirk L. Clements___________________


    KIRK L. CLEMENTS, BPR NO. 20672
    Attorney for Plaintiffs
    105 Broadway, Suite 2
    Nashville, TN 37201
    615-964-8000
    kirk@sovereigntylegal.org

    CERTIFICATE OF SERVICE

    I hereby certify that a copy of the foregoing Temporary Restraining Order has been
    forwarded to the attorneys and addresses listed below, by placing such in the U.S. Mail with
    sufficient postage affixed thereto, or via the Court’s electronic filing system on this the 6th day of
    July, 2020:

    Keli Oliver, Esq.


    Michael R. Dohn, Esq.
    Metro Department of Law
    P. O. Box 196300
    Nashville, TN 37219

    Janet M. Kleinfelter, Esq.


    Cody N. Brandon, Esq.
    Miranda Jones
    Tennessee Attorney General’s Office
    P. O. Box 20207
    Nashville, TN 37202.

    /s/ James Bryan Lewis_________________


    JAMES BRYAN LEWIS

    Case 3:20-cv-00421 Document 31-1 Filed 07/06/20 Page 4 of 4 PageID #: 513

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