LOUISVILLE, Ky. (WDRB) -- A Louisville restaurant is suing Kentucky health officials for loss of business during the COVID-19 business shutdown.
Varanese Fusion has sued Public Health Commissioner Dr. Steven Stack, Health and Family Services Secretary Eric Friedlander and Public Protection Cabinet Secretary Kerry Harvey. The restaurant also is suing its insurance company, Erie Insurance, for failing to pay claims due to lost business.
The Frankfort Avenue restaurant said it is suing Kentucky officials because they created the March 16 order for restaurants and bars to close to limit the spread of the coronavirus.
"If the Kentucky defendants had any evidence that there was not COVID-19 virus within one mile of the plaintiff’s restaurant then the restaurant likely would have been excluded from the Kentucky defendants’ order," Varanese alleges in the suit.
The restaurant has asked a judge to decide whether the state ordering restaurants to cease operations was valid. Varanese also wants a judge to decide "whether the airborne presence of the virus and/or the presence of the virus on numerous surfaces ... can be considered property damage."
Varanese reopened May 22, when restaurants were allowed to reopen at 33% capacity, according to its Facebook page.
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