INDIANAPOLIS — The state of Indiana may be moving to Stage 5 in the reopening Saturday, but Indianapolis bars and nightclubs are still required to operate under Marion County rules.
That means capping indoor capacity at 25 percent and outdoor capacity at 50 percent.
That's not sitting well with bar and nightclub owners in Marion County.
In fact, 15 owners have filed suit against the mayor, city, Marion County Health Department and health director arguing the restrictions are unfair and unconstitutional.
Tom Sutton, co-owner of Coaches Tavern downtown, said the suit was born of frustration and mounting losses.
"We've been ignored for six months... and we're fighting back," Sutton said. "We have to save our businesses and our city."
Sutton said the added restrictions placed on bars, especially the limits on capacity, have impacted the bottom line dramatically. He said he's lost a half million dollars in revenue since the pandemic began, part of that when bars were forced to closed.
"We've done all we can," Sutton said. "We can't go on like this."
Attorney Rich Bucheri is representing the bar owners at no cost to them. Bucheri used to own the Red Eye Care on South Meridian.
"This is about people and families fighting for their economic survival," Bucheri said.
He said the suit is about "equal protection" under the law the mayor and public health director "over-extending their power."
"These officials have wielded unmitigated power in determining the economic fortunes of thousands of our Indiana businesses," Bucheri said.
Marion County has limited capacity at bars because they're often places where people move around and gather in close proximity.
While the mayor declined to comment on the lawsuit, he told reporters he believes the restrictions have "a proven track record in slowing the spread of the virus... and saving lives."
The Marion County Public Health Department issued a statement saying they were "reviewing the lawsuit."
"As the agency responsible for promoting public health in Marion County, MCPHD has and will continue to exercise its authority consistent with the best interests of our community. Together we can and will protect our families, friends, and neighbors from the COVID-19 pandemic," the department said in its statement.
Rob Sabatini owns three places in Broad Ripple, including Rock Lobster, which he temporarily closed in July and has yet to re-open.
"It's definitely been a roller coaster ride for sure," Sabatini said.
Sabatini estimates his lost sales at $750,000. Like his co-plaintiffs, he wants the added restrictions on bars lifted, especially as COVID-19 cases decline.
"The major complaint is we want to be on the same level with our competition in the surrounding counties," Sabatini said, adding it's the only way to give bars on this side of the Marion County line a fighting chance to survive.
The bars and clubs filing the lawsuit include:
- Bar Indy LLC: Tiki Bobs Cantina
- Revel Bar Indy LLC: Invy Nightclub
- Isentark Entertainment, LLC: Coaches Tavern
- BEMbars, Inc.: Courtside Convenience (S.O.S. Pub)
- R&D Companies, Inc.: Joes Grill Castleton
- Whistle Stop Inn Inc.: The Whistle Stop Inn
- Classic 46, Inc.: That Place Bar & Grill
- Tad Indy Inc.: Taps and Dolls, After 6 Lounge, Jokers Comedy Club, 247 Sky Bar
- New Journey, LLC: Whiskey Business Lawrence
- I2V, LLC: Whiskey Business Southport
- Kore Enterprises, Inc.: Average Joe’s Sports Pub, Rock Lobster, Mineshaft Saloon
- Basey LLC: Basey’s Downtown
- Milo Entertainment LLC: The Red Room
- 5135 Holdings Inc.: Mickie’s Pub
- D & D Lugar Inc.: Sports Page Lounge