No ruling yet from judge in Fayette Co. health department’s lawsuit against coffee shop

Published: Nov. 30, 2020 at 12:04 PM EST
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LEXINGTON, Ky. (WKYT) - A Lexington business that’s ignored an executive order made by Governor Beshear headed to court today.

Brewed coffee bar has been served by the Lexington-Fayette County Health Department for allowing customers to eat indoors.

Controversy is brewing at the cafe in Lexington after an inspector found customers eating indoors despite Gov. Beshear’s order. The inspector also issued a citation after seeing customers without face masks.

After the court hearing this afternoon, there’s not yet a resolution. Both parties are to give a final proposal to Judge Thomas Travis by midday Tuesday.

Brewed owner Andrew Cooperrider says he feels his back is up against the wall, and wasn’t given another choice besides staying open. Plus, he says his space is considered a patio because he has an open garage door.

The health department says 50 percent of a space needs to be open for it to be considered outdoor seating, and they say Brewed has not complied with this requirement.

Cooperrider say she lost another business, Dean’s Diner in Wilmore, in June after the first set of restrictions.

Both the defendant and the plaintiff say the outcome of this lawsuit could have dire consequences.

“As an agency in Kentucky enforcing the fall it is going to be irreparably harmed if it’s not allowed to enforce the law,” said Jason Ams, the lawyer of the plaintiff.

“Irreparable harm that befalls the defendants here if the injunction is granted,” said Chris Wiest, the lawyer of the defendant.

Brewed did serve customers inside the building today.

Our partners at the Lexington Herald-Leader report reactions from customers have been mixed, some saying they won’t come back and others giving encouragement.

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