Last month, Douglas County’s health officer issued an order for establishments that have liquor licenses to stop serving all food and drink at 11 p.m., and to close at midnight.
That resulted in more than one lawsuit being filed.
The owner of an establishment called The Sandbar filed a federal lawsuit, claiming that the county’s order violates their due process and equal protection rights under the United States Constitution.
They also say that the state law that the orders are based on are void for vagueness under the U.S. Constitution, and violate the separation of powers doctrine under the Kansas Constitution.
The bar owner asked for a preliminary injunction to cease enforcement of the order while the case is pending.
U.S. District Judge Eric Melgren has denied that request for an injunction, so the order will stand while the case – and at least one other similar case filed by another establishment – go through the court system.