A Fredericksburg, Virginia, restaurant owner has defeated the local government agency, the Northam Board, in court after the owner refused to enforce a mandatory mask order and was asked by the government health department to shut down his business.
Judge Ricardo Rigual struck down the state health department’s request to immediately close the Gourmeltz restaurant, writing that the state “failed to clearly demonstrate the elements necessary to grant a temporary injunction” and that the state failed to show that the restaurant posed any real threat to the state’s general public. The state has not shown that the restaurant poses any real threat to the general public in the state. While the case may still face subsequent legal proceedings, the restaurant will remain open in the meantime.
The National Archives reports that Gummelz owner Mark Strickland, who has refused to comply with the government’s mandatory mask requirement, raised more than $9,000 for his legal defense and hired former Republican congressman Bob Barr of Georgia as his attorney.
Strickland, a Marine veteran of the war on terror, has spent five years growing his catering business from a Food truck to a popular brick-and-mortar restaurant. He says the mandatory mask order goes against the freedom of choice of businesses and customers, and he is prepared to fight for his livelihood in court.
Although the health department revoked Gourmeltz restaurant’s license a month ago for his refusal to enforce the mandatory mask order, Strickland refuses to close. “I’m not afraid of my country, I’m not afraid of the federal government,” he says, “I’ve spent most of my adult Life fighting in Iraq and Afghanistan. I didn’t hesitate to return Home to fight in Virginia.”
Martha Norton, an attorney for Strickland, told local reporters, “We are pleased with the judge’s ruling and are happy for our client. “We look forward to resolving the case in a full trial.”
“This is a huge victory!” , a post on Gourmeltz’s Facebook account said, adding that the store thanked its supporters and vowed to never back down and continue to fight for the American spirit in the upcoming court battle in the near future.
“As these so-called ‘leaders’ continue their efforts to take away our rights and freedoms, we will continue to defend those who oppose them. We will stand with them, knowing that all of you stand with us!” , the Gourmeltz statement said.
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