Columbus, OH – On Thursday, The Buckeye Institute filed a shiny new lawsuit against the District of Columbia Department of Health challenging the D.C. Council’s and Mayor Muriel Bowser’s unconstitutional emergency acts and orders, which D.C. used to force the closure of The Big Board, a neighborhood bar and grill located in our nation’s capital and owned by Buckeye’s client, Eric Flannery. Flannery v. D.C. Department of Health was filed in the United States District Court for the District of Columbia.

“The District of Columbia is unique among American cities. Not only is it our nation’s capital, but its laws are subject to congressional review under the Home Rule Act,” said Robert Alt, president and chief executive officer of The Buckeye Institute, and a lead attorney representing Mr. Flannery. “By stacking emergency acts and orders for two years, the District evaded congressional review and closed the courthouse doors to Mr. Flannery and thousands of other D.C. residents. This end run around the Home Rule Act made a mockery of congressional review and simultaneously denied Americans their constitutional rights and due process.”

All told, Mayor Bowser extended her initial public emergency declaration at least 16 times in 90-day increments over the course of two years. D.C. law says that emergency orders cannot be reviewed by a court “until after the expiration date of the emergency executive order.” D.C. also effectively closed the courthouse doors to District residents in clear violation of due process protections afforded by the U.S. Constitution.

“This case is not just about The Big Board,” Alt continued. “It is about ensuring that government abides by the U.S. Constitution even during emergencies including global pandemics—perhaps especially then. We are a nation of laws, not of autocratic mayors, city councils, and government agencies.”

Buckeye’s co-counsel in the case are Patrick Strawbridge, David L. Rosenthal, and Frank H. Chang at Consovoy McCarthy PLLC.

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