In the first Florida suit filed in an attempt to restore operations of bars in Volusia County Florida.
On Monday morning Attorney Jacob Weil argued his case before 7th Circuit Court judge Leah Case via Zoom.
Weil is asking for immediate relief after the governor, through the Department of Business and Professional Regulation, ordered bars to close through Emergency Order 2020-09 after just three weeks of being reopened.
In seeking a temporary injunction, Weil is doing so without notice to the governor and DBPR. A move that Weil explained would seep up the process. Otherwise, there would be a 20 days waiting period for the defendants to respond and an additional time frame to schedule a hearing with all parties being able to attend.
The judge says that filing the way that Weil did limits some of what she would otherwise be able to consider.
Weil explained that in order for an Emergency Ex parte Injunction to be granted, four things must be shown. Weil argued that there will irreparable harm to the business owners, there is no adequate remedy at law, the parties have a clear right to legal relief granted and that a temporary injunction will serve the public interest.
At the conclusion of the testimony, Judge Case indicated that she would render a decision by 5PM, or by the following day at the latest.
Because a decision was not announced on Monday, Attorney Jacob Weil feels confident that he made some string arguments for the judge to consider.