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Denver has handed out 320 public health order citations; 5 challengers unsuccessful

The violations range from unlawfully remaining open to ignoring face-covering requirements or capacity limits.

DENVER — Five businesses in the city and county of Denver that challenged their COVID-19 public health order violations have not succeeded. 

That's according to the city attorney's office. 

"Despite the public health consequences of their actions, some businesses have challenged their violations of COVID-19 public health orders in court," the city attorney's office said in a news release, "and so far, every one of those challenges has failed." 

The businesses include: 

  • Hobby Lobby
  • Urban Air Trampoline
  • Beta Nightclub
  • Spanky’s Roadhouse
  • Urban Sombrero. 

Other businesses fighting citations but whose cases remain pending, according to the city, are: 

  • Zanzibar 
  • Bass Pro Shop  
  • Our Lady of Lourdes

“To give the bad actors a pass would be patently unfair to the thousands of businesses that are following the rules, to say nothing of the on-going risk to the public,” said City Attorney Kristin Bronson. "My office will continue to uphold the rule of law and prosecute these cases.”

The city attorney's office will continue to "defend the citations issued by the Denver Department of Public Health and Environment (DDPHE)," the city said. The violations range from unlawfully remaining open to ignoring face-covering requirements or capacity limits.

“The Court finds that a reasonable person of ordinary intelligence would have little difficulty interpreting and applying the ordinary terms used in PHO (Public Health Order) 20-24,” Denver County Court Judge Chelsea Malone ruled in her recent order rejecting the arguments of Hobby Lobby. 

Malone goes on to say that the public health order “provides a reasonable, workable standard for businesses.”

As of March 3, DDPHE has had 18,591 contacts for violations of the public health order, issued 16,804 warnings and 320 citations, the city said. 

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