Icky CO Restaurant That Got In Trouble For Mother's Day Antics Sues State For Mimosa Discrimination
This past Mother's Day, the C&C Coffee and Kitchen in Castle Rock, Colorad defied COVID-19-regulations and opened for business, serving crowds of selfish morons who decided that their desire for a nice brunch vastly outweighed any care they might have for the lives and well-being of others. This is both an ongoing theme in America and a swell idea for the plot of a Stephen King book.
Oh, just look at how happy all of these people were that day! Not a care in the world! Because of how they are all dangerous sociopaths.
Sharing the first bit of this video, where you hear me ask “the bouncer” if it’s cool to walk in. I did not “spy”… https://t.co/gqyapjGwIS— Nick Puckett (@Nick Puckett)1589168443.0
That joy, however, did not last for long, as the C&C Virus Factory swiftly had its license suspended for defying public health orders — which the state is very much allowed to do. The restaurant's owners, Jesse and April Arellano. however, maintain that the state does not have this authority, and as such, filed a lawsuit on Friday in Douglas County Court claiming the action "is unlawful, unprecedented and highly suspect."
Oh man, wait til they find out about OSHA.
The lawsuit blames Gov. [Jared] Polis, the State of Colorado, the CDPHE, the Tri-County Health Department (TCHD), and the executive director of the CDPHE, Jill Hunsaker Ryan, of depriving the Arellanos "of their livelihood and ability to operate their business after they simply allowed customers onto their premises to serve food and beverages."
The complaint goes on to state the aforementioned defendants in the case "arbitrarily and irrationally" selected small businesses like C&C Coffee and Kitchen in Castle Rock "to continue to bear the burden of what can only be deemed a speculative concern" over the risks associated with the novel coronavirus and the disease it causes, COVID-19.
A "speculative concern"? Do these people think that this whole pandemic is just some kind of cover and that the real goal of the public health orders around the whole entire country is to shut down one random restaurant in Colorado that no one outside that town had heard of before Mother's Day of this year? Like we're all self-isolating because we hate their pancakes and want them to be sad?
"Certainly, the Plaintiffs opening their restaurant to customers, when so many other businesses are permitted to open their doors to customers, does not constitute an "imminent health threat.""
Except that it does? Like, that is literally why they were not allowed to open. There is no other reason. No one has a vendetta against mimosas.
And yet, the owners are claiming that this is exactly what is going on. They are being discriminated against because the state does not consider mimosas a "critical service."
The lawsuit further claims the governor's executive and public health orders, issued under the Colorado Disaster Emergency Relief Act – which addresses all phases of emergency management – do not give him authorization to "designate and discriminate among various types of citizens and business for selective imposition of emergency orders."
"Nothing within the enabling legislation of the Act provides that the Governor may issue such comprehensive orders and regulations that discriminate between "critical" and "non-critical" services, dictate strict limitations on how businesses must operate, and/or selectively target certain businesses, or a single business, for enforcement or punishment," the lawsuit states. "At best, the legislation allows for rules of general applicability over a certain "area" but not the type of intrusive micromanagement over the economy and individual business operations that the Governor seeks to impose."
No one is being selectively targeted. The government decided that people going grocery shopping is necessary, because if they don't have food they will die, and because it is safer than going to a restaurant. Duh. It's not discrimination, it's common sense. Unless you don't believe that COVID-19 is actually a dangerous contagious disease, which appears to be the case for the owners of C&C Mucus Factory:
The complaint also goes on to state that the defendants in the case violated the due process rights of the owners of C&C in Castle Rock when they shut down their business without a hearing and have placed the owners – as well as other small business owners – in a fundamentally unfair and irrational situation that sets a dangerous precedent "based on unproven scientific allegations by the Governor."
Yeah, those "scientific allegations" are very much proven!
Further, the lawsuit states that the governor, as well as the state and tri-county health departments, acted with "particular hostility and desire for revenge" when issuing orders to suspend the café's license indefinitely, which "represent an unconscionable and malicious act designed with the specific intent to punish Plaintiffs rather than abate an "imminent" health hazard.
Except that the reason they shut the restaurant down was because they created an imminent health hazard. That is why people were mad at them. That is why they were in trouble.
As if this couldn't be more absurd, the lawsuit then brings the Fourteenth Amendment into it. Because of the mimosa discrimination:
The lawsuit further argues that the Equal Protection Clause of the Fourteenth Amendment is being violated because the governor's public health and executive orders "provide no rational or standard to explain which entities are able to receive the coveted designation of "critical" as opposed to the remaining businesses entities that are considered "non-critical."
"The practical consequence, as is the case with the Plaintiffs, is that the government's arbitrary designation between 'critical' and 'non-critical' entities means the government is picking and choosing who has the opportunity to continue to remain open and potentially operate at a profit and those who will be doomed to bankruptcy and economic ruin."
IT'S NOT ARBITRARY. MIMOSAS ARE NOT CRITICAL. There is no situation in which public officials are going to go "OK, we've got a pandemic happening. People have gotta stay home as much as possble, but we obviously need to let them go out to do certain things, so they don't die. So we'll keep hospitals and grocery stores open and let other businesses do pick-up and delivery, which is more safe than shopping in-store or eating in.
OH. Except for brunch places. Brunch is definitely just as critical as medical treatment and groceries."
That would not make any sense.
It is likely that once this all blows over, the Arellanos will get their license back and also new careers as commentators on Fox News. However, if I lived in that area, I would still avoid their restaurant like the plague because any food-serving place that is that cavalier about public health codes is probably also the C&C Salmonella Factory.
Wonkette is independent and fully funded by readers like you. Click below to tip us! Also if you are buying stuff on Amazon, click this link!
Robyn Pennacchia is a brilliant, fabulously talented and visually stunning angel of a human being, who shrugged off what she is pretty sure would have been a Tony Award-winning career in musical theater in order to write about stuff on the internet. Follow her on Twitter at @RobynElyse