Columbus, OH – On Tuesday, The Buckeye Institute and its client Eric Flannery celebrated Administrative Law Judge Cory M. Chandler’s ruling in favor of Mr. Flannery in D.C. Department of Health v. The Big Board. The D.C. Department of Health had unlawfully attempted to impose further fines on Mr. Flannery after his refusal to enforce D.C. government’s pandemic-era mandates.

“Administrative Law Judge Chandler ruled that Mr. Flannery owes zero dollars in fines, which is exactly the right amount,” said Robert Alt, president and chief executive officer of The Buckeye Institute, and one of the attorneys representing Mr. Flannery. “The Buckeye Institute is pleased that Administrative Law Judge Chandler dismissed this latest notice of infraction by D.C. Health. But there are bigger issues at stake here too: The Big Board should have never been subjected to these lawless orders in the first place.”

Eric Flannery, a proud Navy veteran and co-owner of neighborhood bar and grill The Big Board, refused to become an agent of the government and instead tweeted out that, “everyone is welcome” at his local tavern. D.C. government’s response was swift and aggressive. The government suspended The Big Board’s operating and liquor licenses and forced the place to close—indefinitely. After weeks of protracted negotiations, The Buckeye Institute and Eric finally won a hard-fought victory, and The Big Board was ultimately able to reopen. Unfortunately, D.C.’s harassment of Eric did not end there. D.C. Department of Health then sought to levy additional fines related to the initial “violation” of pandemic regulations in order to further penalize him.

The Buckeye Institute is thrilled that the D.C. Administrative Law Judge ruled in favor of this hardworking and patriotic small business owner, and looks forward to enjoying many celebratory beers and burgers at The Big Board. We hope everyone else will join the festivities by supporting Eric in the same way.

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

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