Local Restaurant has no Attorney to Defend Itself against Looming State Shutdown

A local restaurant recently cited for Covid-19 violations by the Louisiana Deparment of Health has no Attorney of Record to defend itself in an upcoming hearing in Third Judicial (Lincoln, Union Parishes) District Court this Friday. A Lincoln Parish Clerk of Court deputy told Lincoln Parish News Online this morning that the court pleadings on file show no attorney for Peking Restaurant, 1300 North Vienna.

Shreveport attorney Edward Brossette represents the Louisiana Department of Health (LDH).

Last week, the LDH obtained a temporary restraining order against the restaurant, citing violations of Governor Bel Edwards order against self-service buffets. The state is seeking a permanent injunction against the restaurant.

One provision of the Louisiana Homeland Security and Emergency Assistance and Disaster Act – the authority under which Edwards has enacted sweeping emergency orders since March – is this:

LA RS 29:736 Exclusion

D. Nothing in this Chapter shall be interpreted to diminish the rights guaranteed to all persons under the Declaration of Rights of the Louisiana Constitution or the Bill of Rights of the United States Constitution. This Chapter shall not violate Article II (Distribution of Powers), Article III (Legislative Branch), or Article V (Judicial Branch) of the Louisiana Constitution. The courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights. The orders of all courts shall have their full force and effect. The legislature may call itself into session at any time and shall exercise its powers and duties. Its ability to enact law, appropriate funds, and confirm appointees shall be in full force. The privileges and immunities of legislators shall be respected.

Louisiana’s government-approved media never mention this key exclusion when citing Edwards’ emergency powers. Perhaps the restaurant owner should plead in court that the food buffet is a form of protest, a claim which seems to absolve rioters and looters of any criminal liability nationwide.

Presiding at the 9:00 AM Friday hearing will be Division C Judge Bruce Hampton.

18 Responses to “Local Restaurant has no Attorney to Defend Itself against Looming State Shutdown”

  1. Anonymous Says:

    John bell Edwards can pound SAND!!! Sorry Democrat . It’s no loss to him that he’s hurting small business !! Jerk

  2. Anonymous Says:

    since his “mandate ” isnt a law he puts the squeeze on the businesses throughout the state in order to push the mask agenda.. just remember in future elections how your rights have been trampled

  3. Anonymous Says:

    The owner probably doesn’t understand what they are doing to him. His English is not the best. A 100 lawyers in Ruston. One of them ought to step up pro bono and help this family out.

    • Anonymous Says:

      Why? So he can spread more covid in his buffet? LA fire marshals are cracking down. Just ask a few local restaurants. They are being visited almost weekly now to enforce.

      • Anonymous Says:

        The restaurant owners are a very nice family and I’m sure they are as confused as most of us about these State mandates. True, it is best that buffets should not operate because the food is open, and I know most would agree. But owner has been operating in City for a long time and attorneys should step up and assist. They are just trying to survive.

  4. Anonymous Says:

    Fire marshals love their enforcement role. They carry rifles and shotguns now. Their role of inspection/prevention of fire is practically a thing of the past.

  5. Anonymous Says:

    Fire marshals like to hang out at t.he Choudrant fire department @ Squire Creek probably make out on their per diem.

  6. Anonymous Says:

    Do gov officials think that food prepared in the kitchen areas are exempt from virus. Probably so. Real lack of common gumption.

    • Anonymous Says:

      It’s not about the food preparation but about open containers that the public as a whole dips into.

      • Anonymous Says:

        its about one thing .. control

        • Anonymous Says:

          Have you known anyone that’s died of covid? I have

          • Anonymous Says:

            I’m sorry for your loss. A dear friend of mine was just released from the hospital and still has trouble with oxygen levels. Another friend is basically on his deathbed because of a pre-existing genetic condition. We’re just waiting on the call. I don’t understand why people want to politicize this situation.

          • Heisenberg Says:

            Walt, wear a mask at the next council meeting. We hear you were the only one in the room that didn’t have one on…..very careless 😷

  7. Anonymous Says:

    Gov officials want the sales taxes generated by restaurants = almighty dollar. Gov officials want schools open to get monies from state and feds = almighty dollar.

  8. Anonymous Says:

    If wearing mask, washing hands,and social distancing will keep u safe why are people still getting the Chinese virus. Several that I know has had the virus and they all wore the mask. If u are so afraid of viruses or this covid 19 stay at home. The chance of death is everywhere from all causes.

  9. Heisenberg Is An Ass Says:

    And a big one, too.

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