“Last call” order upheld in court, as restaurants struggle with restrictions

COLORADO SPRINGS, Colo. (KRDO) -- A Denver District Court judge upheld Governor Jared Polis' Executive Public Health Order on "last call" for alcohol. The judge denied the request for a restraining order, as the 10 p.m. "last call" for alcohol continues.

The judge's decision can be appealed.

Thursday marked the second day of the hearing in the legal fight over Governor Jared Polis' "last call" executive order. A final witness testified before the court Thursday morning, followed by closing arguments.

With help from the Tavern League of Colorado, hundreds of bars and restaurants challenged the executive order that moved the last call for alcohol up four hours, to 10 P.M. Some bar and restaurant owners testified Wednesday and Thursday, stating that they could be forced to shut down their business within 3 months if the restrictions continue.

Recent data, from July 15-25th, from the Colorado Restaurant Association, illustrates that 62% of restaurants said they will consider closing permanently in less than six months under current conditions.

The survey also demonstrates that 87,000 jobs were lost in the restaurant industry in Colorado since the pandemic started.

The Tavern League, a non-profit organization, committed to serving the needs of on-premise beverage operators, filed the lawsuit on behalf of the restaurants and bars. They hoped that the court will grant a temporary restraining order which would allow the bars and restaurants to operate past 10 PM, while the lawsuit moves forward.

Prior to the judge's decision, Governor Jared Polis said, "This is a tough time, nobody in the country has figured out how we can have that free-wheeling act of nightlife during a pandemic."

The judge clarified that the spike in COVID-19 cases among young people in their 20's gave credence to the state's decision to take action. Polis added to this in Thursday's press conference, "Getting drunk, one of the main reasons people go out to these nighttime environments is inconsistent with maintaining proper social distancing."

KRDO spoke to Chef and Owner of Mama Pearl's Cajun Kitchen, Robert Brunet, who says this is devastating for many restaurants and bars in Colorado Springs. Brunet says, "It’s affecting a lot of people here in Colorado Springs, there are many businesses that depend on that revenue."