Court sides with Municipality, orders Kriner’s Diner to halt indoor dining

Kriner's Diner and Municipality of Anchorage reached a settlement in court before their...
Kriner's Diner and Municipality of Anchorage reached a settlement in court before their scheduled hearing on Tuesday.(KTUU)
Published: Aug. 7, 2020 at 12:10 PM AKDT
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ANCHORAGE, Alaska (KTUU) - On Friday, Judge Eric Aarseth granted a temporary injunction, ordering Kriner’s Diner to close its indoor dining area, in compliance with emergency orders from the Municipality of Anchorage.

Kriner’s Attorney, Blake Quackenbush, argued that the order in question was inefficiently tailored, and urged the court to rule against temporary orders to halt the business’s dine-in operations.

“The court cannot and should not enter a restraining order unless, and until, constitutional rights have been addressed by this court,” Quackenbush said. “Entering a temporary restraining order prior to making that determination will drive Kriner’s out of business, but for the help and donations of other people. We’re not asking for that, we’re asking for the right to work.”

Municipal attorney Ruth Botstein countered that the Municipality of Anchorage should not bear the burden of proving whether any outbreak of COVID-19 has been linked to Kriner’s Diner.

“If that were the way that these public health polices be made, it would be too late,” she said. “If we wait until a specific restaurant or bar or other business has a demonstrated outbreak, it’s too late to prevent those harms from occurring.”

This story is developing. More details will be added here, as they become available.

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