The city of Seattle is facing legal fallout as a result of its handling of months of protests including cases for personal injury, wrongful death and Civil Rights violations. Interestingly, the largest case may involve a lawsuit filed by a collection of real estate developers, small businesses and property owners who have also filed a lawsuit against the city.
In the business-related complaint, the plaintiffs claimed the city had violated property rights, violated due process rights by allowing a dangerous situation around the protest zone to fester, and failed to provide equal protection to the businesses and residents near the CHOP zone. The judge allowed each of the allegations to move forward after a Motion to Dismiss was filed against the city, except the judge did say the plaintiffs could not establish that the city had favored the beliefs of the protesters over the viewpoints of the businesses. The case could become a class action case as it is expected many other businesses will join the suit prior to the deadline to add new parties.
Here in Iowa, a bar owner has filed a class action lawsuit against the Governor and the Iowa Department of Public Health alleging that the pandemic-related restrictions. on business activity are violating the Iowa Constitution. The attorneys of the bar owner are members of our Brick Gentry Trial Team as well as our co-counsel from Hollywood, Florida. The lawsuit alleges the Governor’s proclamations violate provisions of the Iowa Constitution and the bar owner’s right to due process and equal protection, and that the state’s failure to provide business owners with notice of the orders is patently unreasonable.
We will share the progress of our client’s potentially precedent setting lawsuit as the case moves forward.