Judge says JeffCo’s injunction against Bandimere Speedway is now a moot point

Coronavirus

MORRISON, Colo. (KDVR) – A judge ruled that she can not legally issue a permanent injunction against Bandimere Speedway because of a new public health order issued by Jefferson County on Monday.

JeffCo filed the lawsuit claiming that the speedway had too many people in attendance at events and was creating a public health risk because of the COVID-19 pandemic.

JeffCo’s new order requires all venues hosting large events, more than 100 people inside or 175 people outside, to file a plan outlining how they will follow the state’s guidelines. Those plans will then need to be approved in writing by the county before the event can take place.

Although the speedway was not issued a permanent injunction, the judge did tell Bandimere that it needs to follow the public health order. She also asked both sides to work together moving forward to prevent another lawsuit.

“Will we obey? We will obey the Lord. Sometimes the rules that get put on us are tough, so we will have to have some conversation about that,” John Bandimere Jr. told FOX31.

“Our goal is for the Bandimere family and legacy and the God-and-country celebrations that occur there every single day to be able to continue. So we have a lot to talk about but it’s nice to be done with this part,” the Bandimeres’ attorney Randy Corporon said. 

The new health order in JeffCo took effect Monday night and lasts until Aug. 19.

Read the full statement from Jefferson County on the judge’s decision below:

Jefferson County Public Health (JCPH) thanks the Court for its time in hearing this case. Judge Russell determined that the case between JCPH and Bandimere Speedway is moot due to JCPH’s Public Health Order 20-007 (PHO 20-007), which is currently in effect through August 19 unless amended or extended by JCPH. The PHO 20-007 requires venues holding large events with more than one designated activity of more than 100 people inside or 175 people outside to submit a plan to JCPH and receive approval in writing prior to such events taking place. Judge Russell also reiterated that the Governor’s Executive Orders and the Public Health Orders issued by CDPHE and JCPH — including PHO 20-007 — are law and apply to all businesses and individuals in the county, including Bandimere.

“The Public Health Order issued yesterday gives us the relief we were originally seeking in regards to large events,” said Dr. Mark B. Johnson, Executive Director at JCPH. “Our hope is that all businesses follow their legal obligation to submit plans for large events with more than one designated activity. As a department, we are committed to providing guidance to those seeking to host events and reviewing their plans in a timely and efficient manner. Our intent is to help organizations operate safely and in accordance with county and state requirements, so that we can continue to progress in our recovery from this virus.”

In its second variance request submitted to the Colorado Department of Public Health and Environment on June 18, Jefferson County originally proposed reviewing plans for large events as part of its mitigation strategy for obtaining the variance. The State has since put a hold on reviewing variance submissions. As cases have started to accelerate and the county is at risk of losing its first variance, JCPH took quick action to address concerns with large events and moved forward with issuing PHO 20-007 yesterday.

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