MEMPHIS, Tenn. — Memphis restaurants are suing the Shelby County Health Department for the right to reopen.
Owners say they are being unfairly treated because the county forced them to close their doors while other restaurants remain open for business. The lawsuit was filed Monday morning in federal court.
"I don't want to sue anybody. I don't like the idea. I don't like any of this but I don't feel like I had any choice," said Jeanette Comans, Blind Bear owner.
Comans and 16 other restaurant owners filed the lawsuit against the county. The latest Shelby County Health directive requires all businesses with "limited service restaurant" liquor licenses from the Tennessee Alcoholic Beverage Commission to close its doors to the public.
"If 50% of your sales are in food, you're categorized as a full blown restaurant. If 50% are alcohol your categorized as a limited and that is the basis for the shut down, when there is no evidence there is any more contagion any more chance of infection in a limited service restaurant but yet that is the basis for a shut down," said Robert Spence, lawyer for the restaurant owners.
"We want to be treated like other restaurants. We want to be open normal hours till 10pm. If that changes like other restaurants we want to be able to be open," said Comans.
"They are not going to stand by and take being treated differently for no health related reason," said Spence.
Adding insult to injury they say, the bars on Beale Street are allowed to remain open for business because those establishments have an exemption from the state that automatically classifies them as full service restaurants.
The limited service restaurants are allowed to do take out and delivery, but the owner of the Blind Bear says its not worth doing.
"I can't just sit around and pay people and not have any income coming in or any sales its not feasible which is why i am not doing curbside or to go or delivery because its not enough to support my people," Comans said.
The restaurant owners hope to get in front of a judge in the next few days.