District Court judge places temporary restraining order on Gov. Stitt’s executive order for bars to close by 11 p.m.

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OKLAHOMA CITY (KFOR) – An Oklahoma County District Court judge placed a temporary restraining order on Gov. Kevin Stitt’s executive order for bars to close by 11 p.m. to mitigate the spread of the COVID-19 pandemic.

Redneck Yacht Club owner Daniel Capps brought the lawsuit against Stitt.

Stitt ordered that all bars close by 11 p.m. through the Seventh Amended Executive Order 2020-20, issued on Nov. 16, and the Eighth Amended Executive Order 2020-20, issued on Dec. 14.

The below section of the executive order concerns bars and restaurants:

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Stitt’s executive order

Judge Susan Stallings temporarily restrained Stitt from enforcing the executive order as it pertains to bars closing by 11 p.m.

Stallings found that Capps, represented by attorney Frank Urbanic, showed “clear and convincing” evidence of the following:

  1. the likelihood of success on the merits;
  2. irreparable harm to the Plaintiffs if relief is denied;
  3. the threatened harm outweighs the harm Defendants will suffer under a temporary restraining order; and
  4. the injunction is in the public interest.

A hearing on the executive order’s closing requirement will be held at 9 a.m. on Dec. 30 in the Oklahoma County Courthouse.

Stitt issued the following statement in response to the ruling:

“I am disappointed in today’s ruling, because my first priority as governor is to protect the health and lives of all Oklahomans. Many other states have closed bars completely and banned indoor dining while my Executive Order maintains the right balance between protecting public health and keeping businesses open safely. We look forward to making our case at the hearing on Dec. 30.”

GOV. KEVIN STITT

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