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April 16, 2021

Judge tosses Elm City club’s lawsuit over pandemic rules

PHOTO | File image
By Michelle Tuccitto Sullo

A federal judge on Thursday dismissed a lawsuit which a New Haven business filed last year against state and city leaders over pandemic-related restrictions.

Disha Joy Monsanto and fellow business proprietor Michael Amato sued Mayor Justin Elicker and Gov. Ned Lamont in U.S. District Court in April 2020.

The pair, who own 50's on Fitch lounge, alleged in the lawsuit that officials’ coronavirus-related restrictions on restaurants and the number of people permitted to congregate at one time violated their constitutional rights.

In March 2020, Lamont had declared a public health emergency because of the virus and issued executive orders in an attempt to reduce its spread. Elicker last spring also imposed local restrictions on gathering size.

The defendants filed motions to dismiss the lawsuit, asserting that they have authority to take actions to mitigate a public health emergency. 

U.S. District Court Judge Michael P. Shea on Thursday granted the defendants’ motions to dismiss the case.

“The State of Connecticut has a significant government interest in preserving and protecting the public health of its citizens,” Shea noted in the decision.

Shea further concluded that the challenged executive orders did not deprive the plaintiffs of their right to earn a living through their restaurant, noting how they were “permitted to offer food and beverages for off-premises consumption.”

Attorney Norman Pattis, who represents the business owners, could not be immediately reached for comment.

Attorney General William Tong said the ruling affirms the governor’s authority during public health and civil preparedness emergencies to take affirmative steps to protect public health and save lives.

"The federal court’s decision leaves no doubt that the Governor's actions during this pandemic have been fully lawful and justified,” Tong said. “The COVID-19 pandemic has touched thousands of Connecticut residents and has required immense personal sacrifices of all kinds, but nothing is more important right now than saving lives and protecting public health. We will get through this together if we wear our masks, continue to social distance and get vaccinated.”

New Haven Assistant Corporation Counsel Kevin Casini added, “The city is pleased with the decision by Judge Shea as it relates to New Haven, both with regard to the specific claims, and because it underscores the validity and importance of local and state government's responsibility to, in a time of a health crisis, regulate commercial establishments to ensure the safety and well-being of residents.”

Contact Michelle Tuccitto Sullo at msullo@newhavenbiz.com.

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