District judge denies restraining order requested by Somerset Court

MINOT, N.D. – A judge has denied the request of a Minot assisted living center for a temporary restraining order against an executive order that closed hair salons in North Dakota due to COVID-19.

Somerset Court filed a complaint April 22 in South Central District Court in Bismarck that sought a permanent injunction against enforcing Gov. Doug Burgum’s order against it and a temporary restraining order while the case is ongoing. The lawsuit listed the governor, State Health Officer Mylynn Tufte and State Health Department as defendants.

Burgum signed an executive order March 28 that closed barbershops and hair salons. Somerset Court and long-term care facilities have urged the health department to make an exception for in-house services that follow sanitation guidelines and are delivered by a provider who serves only facility residents.

Judge Daniel Borgen noted Somerset’s argument is that the governor’s order is “unreasonable” and “arbitrary.”

“Regardless of whether or not this Court agrees with the reasonableness or unreasonableness of the executive orders at issue, Somerset has not cited any authority establishing this Court’s authority to second-guess a decision made and enforced by the Executive Branch of government, when the Executive Branch has been given clear authority to perform the challenged actions,” Borgen wrote. “Plaintiff simply has not identified how the Governor and State Health Officer exceeded the scope of their authority in any arbitrary or unreasonable manner.”

He stated that the court won’t substitute its own judgment and undermine separation-of-powers principles.

The judge also wrote that Somerset did not establish any “irreparable injury” that would result if the temporary restraining order is denied. Somerset alleged residents are “held hostage” in their rooms because they are embarrassed to go out with unwashed hair, but Borgen stated, if true, residents are held hostage by their own choice to remain in their rooms. Nothing in the executive order requires residents at Somerset to stay in their rooms, he wrote.

“That residents may not be able to have their hair ‘washed,’ ‘fluffed’ or ‘set’ for some time is also not irreparable injury,” he wrote. “The injury, to the extent it can be considered an injury, can be alleviated immediately when the executive orders are no longer in place. Additionally, it is clear to the Court from Somerset’s own briefing that the facility has the ability to individually wash the resident’s hair in their individual rooms. It may be more difficult and time-consuming to accomplish, but it can be done.”

The lawsuit continues to seek a permanent injunction.

Burgum announced plans this week to allow for business re-openings under new guidelines, possibly as early as Friday. Whether that might apply to the re-opening of hair salons in long-term care and assisted living facilities will be determined by the governor’s decisions on continued restrictions affecting vulnerable populations.

District judge denies restraining order requested by Somerset Court

Follow us on Google News

Follow us on Flipboard

Trending Slider

Bismarck Police Department commemorates 14th anniversary of fallen officer’s sacrifice

North Dakota Highway Patrol promotes seat belt safety at Red River Valley Fair

Dickinson Police Department expresses gratitude for partner agencies’ support during Vice President’s visit

North Dakota Department of Transportation opens applications for second round of Flexible Transportation Fund

East Century Avenue reconstruction progresses with temporary gravel roadway in place

Bike patrol encounter with young rider turns into inspiring act of community pride and park stewardship in Bismarck

Follow us on News Break

Categories

District judge denies restraining order requested by Somerset Court

Related posts

Measure 3 Proponents Didn’t Bother Asking Ethics Commission if They Want to Be in Charge of Redistricting

North Dakota, Manitoba announce joint initiative to vaccinate essential workers transporting goods and services across U.S.-Canada border

Minot Public Schools Superintendent reveals timeline, goals of reintegration committee at school board meeting

Hoeven responds to bill that would defund next-gen missile system

Minot survey reveals support for recycling program

Gov. Doug Burgum has directed all government agencies to fly the United States and North Dakota flags at half-staff on Monday, May 31, until noon

Follow us on Google News

Follow us on Flipboard

Bismarck Police Department commemorates 14th anniversary of fallen officer’s sacrifice

North Dakota Highway Patrol promotes seat belt safety at Red River Valley Fair

Dickinson Police Department expresses gratitude for partner agencies’ support during Vice President’s visit

North Dakota Department of Transportation opens applications for second round of Flexible Transportation Fund

East Century Avenue reconstruction progresses with temporary gravel roadway in place

Bike patrol encounter with young rider turns into inspiring act of community pride and park stewardship in Bismarck