ANCHORAGE, Alaska (AP) — The city of Anchorage was granted a temporary restraining order against a local business after hearing arguments from the city attorney, meaning the diner must comply with the city's emergency order, a judge ruled.
Superior Court Judge Eric Aarseth heard arguments from Anchorage attorney Kate Vogel and Kriner’s Diner during a telephone hearing Friday before granting the city’s motion for a temporary injunction, the Anchorage Daily News reported.
Mayor Ethan Berkowitz issued the emergency order temporarily prohibiting indoor dining at restaurants and breweries to limit the spread of COVID-19 as the number of confirmed cases increased.
Kriner’s Diner continued dine-in service after the order went into effect Monday. The diner was given a stop-work order from the city Tuesday.
Blake Quackenbush, who represented the diner, argued that the emergency order violates the Alaska Constitution and said the city has also not shown any evidence that business practices at Kriner’s Diner have contributed to the spread of COVID-19.
Kriner’s Diner will still be able to file an answer to the complaint from the city, which could lead to further hearings, but for now the diner must comply, Aarseth said.
If the diner does not comply, owners Andy and Norann Kriner could be charged with contempt of court.
After the ruling, Andy Kriner said he did not plan on complying.
For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some — especially older adults and people with existing health problems — it can cause more severe illness, including pneumonia, and death. The vast majority recover.