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May 15, 2020

Small Business Owners Challenge Minnesota Closure Orders

The Free Minnesota Small Business Coalition and several small business owners have petitioned the Minnesota Court of Appeals for an order declaring a number of Governor Walz’s COVID-19 executive orders unconstitutional under the Equal Protection Clause. The petitioners maintain that the governor’s orders (Executive Order Nos. 20-20, 20-33, 20-38 and 20-40) fail to distinguish between classes of businesses (i.e. “Critical” and “Non-Critical”) in an adequate manner and therefore should be declared invalid. They contend that the governor has arbitrarily and unconstitutionally shut down some businesses — but not others — without adequately explaining the public health rationale for the decisions.

You can read the petition here: https://freeminnesota.net/wp-content/uploads/2020/04/Petition-for-Declaratory-Judgment-Appelalte-Court-4-29-20.pdf

HAWS-KM will continue to monitor this and other COVID-19 legal developments.

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