Judge Sides With The Governor in Restaurant’s Case

A federal judge has denied an emergency motion sought by a Putnam County restaurant that challenged Gov. Jim Justice’s stay-at-home order and mask mandate. A judge ruled against Andrew and Ashley Stewart, who own Dinner’s Ready Inc. doing business as Bridge Café & Bistro in Hurricane. The judge said federal courts, unless federal laws were violated, do not have jurisdiction over state laws. He also said there was insufficient evidence that First Amendment rights were violated, saying that masks are not expressive speech. And the judge found that masks are an appropriate response to the pandemic, and the governor’s orders are tied to public health concerns. The judge also found that the orders do not violate 14th Amendment rights.