15 owners of nightclubs, restaurants sue city, health leaders over virus restrictions

INDIANAPOLIS (WISH) — Fifteen Indianapolis business owners are suing over coronavirus restrictions.

The group of bar, restaurant and nightclub owners is asking a judge to rule the health orders unconstitutional. They are suing for attorney’s fees and damages. They claim their businesses are dealing with revenue loss and layoffs.

According to the lawsuit, the businesses are in danger of closing because of limits put in place by the mayor and the Marion County Public Health Department. Versions of those restrictions have been in place since March.

Ryan Greb owns several bars in Indianapolis.

“Struggling to survive, just like everyone else in this business,” said Greb, who is the owner of the Taps and Dolls.

He’s especially concerned for his staffers.

“These people depend upon my business to pay their mortgages, their rent, their child’s clothing, schooling, their food,” Greb said.

Earlier this month, Marion County decided to allow bars and nightclubs to open at 50% capacity outdoors, and 25% capacity inside. With no bar- top seating.

“The problem with that is, with the guidelines they set forth, it’s very difficult for us to operate business because we still have 100% of these bills,” said Greb. “Twenty-five percent doesn’t quite cut it.”

That’s one of the reasons Greb is one of 15 business owners who are part of a lawsuit against the city of Indianapolis and health leaders over coronavirus restrictions. Suing to have those restrictions thrown out, the group of bar, restaurant and nightclub owners claim their businesses are dealing with revenue loss and layoffs. In the suit, some owners say they’re in danger of closing because of the limits put in place by Indianapolis Mayor Joe Hogsett and the Marion County Public Health Department.

“We just want an equality that we are allowed to operate at the same guidelines that the surrounding counties are operating at. Which many of them operate at 100% or more. If there’s restrictions of masks and other social guidelines, we want to be able to operate the same as they have,” said Greb.

Greb is hopeful that everyone can sit down, and come to an agreement of how they can operate together.

The lawsuit names the city, Mayor Joe Hogsett, and the health department and its director, Dr. Virginia Caine.

Wednesday, Hogsett the city doesn’t comment on pending litigation, but adds he knows restaurants, night-spots and entertainment facilities are struggling as are most businesses he says.

He said he understands the “disruptive nature” of some of the public health orders.

“But I also believe they have allowed us to lower the positivity rate and to at least halt the unfettered spread of the virus,” said Hogsett.

Here is the list of owners and places involved in the lawsuit:

• Bar Indy LLC: Tiki Bob’s Cantina.
• Revel Bar Indy LLC: INVY Nightclub.
• Isentark Entertainment LLC: Coaches Tavern.
• BEMbars Inc.: Courtside Convenience (S.O.S. Pub).
• R&D Companies Inc.: Joe’s Grille Castleton.
• Whistle Stop Inn Inc.: The Whistle Stop Inn.
• Classic 46 Inc.: That Place Bar & Grill.
• Tad Indy Inc.: Taps and Dolls, After 6 Lounge, Jokers Live Indy comedy club, 247 Sky Bar.
• New Journey LLC: Whiskey Business, Lawrence.
• I2V LLC: Whiskey Business, Southport.
• Kore Enterprises Inc.: Average Joe’s Sports Pub, Rock Lobster, Mineshaft Saloon.
• Basey LLC: Basey’s Downtown.
• Milo Entertainment LLC: The Red Room.
• 5135 Holdings Inc.: Mickie’s Pub.
• D & D Lugar Inc.: Sports Page Lounge.

Attorney Richard Bucheri represents the owners of the 20 businesses.