The attorney for Madsen's Bowling and Billiards on Tuesday requested a district judge throw out the city of Lincoln's lawsuit seeking to close the business over violations of coronavirus restrictions.
J.L. Spray sought to dismiss the case by claiming the city didn't state that Madsen's had caused irreparable or great harm, according to court filings.Â
His motion to dismiss also took issue with the failure of the city to include interim Lincoln-Lancaster County Health Department Director Pat Lopez as a party to the case.Â
The move comes a day before both parties will head to Lancaster County District Court, where Judge John Colborn will decide whether Madsen's must comply with the health department's directed health measure.Â
It was not clear Tuesday whether Colborn would act immediately at the Wednesday afternoon hearing.
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On Saturday, health department officials announced they would seek to shut down the bowling alley at 4700 Dudley St. over violations of the health measure, including not requiring patrons or staff to wear masks indoors.Â
City officials announced they would take legal action against the business after owner Benjamin Madsen refused to follow the health department's order to close for 24 hours.Â
Madsen has called the local mask mandate a draconian measure and said the restriction has made it nearly impossible for his business to stay afloat.Â
On Monday, the city filed for an injunction to enforce the closure order, alleging Madsen's noncompliance with the health restrictions poses a serious public health risk to Lincoln residents by exposing them to COVID-19.
Since the restrictions were put in place, health officials have said they would focus on educating businesses and not on directing police to enforce health measure violations.
Lincoln City Attorney Yohance Christie said the city decided treating this case as a civil matter rather than a criminal case was the most appropriate path to compliance.Â
"The first step is always education, and then if that doesn't work, then the next step would be to pursue it civilly and not criminally," Christie said.