Castle Rock cafe owners sue CDPHE, state and Tri-County Health Department

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CASTLE ROCK, Colo. (KDVR) — On May 22, the owners of C&C cafe, who reopened their restaurant on Mother’s Day despite public health orders, are suing the Colorado Department of Public Health and Environment, the Tri-County Health Department and Gov. Polis.

In the document submitted to the court, it states that the numerous public health orders delivered by the state change almost weekly. Because of this, the owners feel that remain in limbo and a state of uncertainty.

The owners state they attempted to provide only curb side service when Tri-County Health issued the closure of dine-in services. However, due to severe financial hardship from the orders, the owners said they “exercised their First Amendment rights” and reopened for dine-in services on May 10.

Then, on May 11, the Tri-County Health Department ordered the closure of the cafe.

Following the closure of the cafe, the document states that, “On May 21, 2020, the CDPHE filed a Notice of Charges and Notice of Duty to Answer with the Office of Administrative Courts. To date, there has been no hearing or opportunity to formally respond to the summary Orders. Due to Defendants’ actions, Plaintiffs have been left completely unable to operate the business, could not operate profitably under the previous and current scheme even if allowed to open, and are left with no recourse other than court action.”

The document goes on to say that the owners believe Gov. Polis has hostility towards them, and a “desire for revenge.”

As of 6:30 p.m. Monday, May 25, the CDPHE, Tri-County Health Department and Gov. Polis have not commented on the lawsuit.

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