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Class-action lawsuit filed in response to Nevada coronavirus shutdowns

Updated May 11, 2020 - 4:44 pm

A group of businesses owners, workers and one coronavirus patient have filed a class-action lawsuit in response to government shutdowns across Nevada.

A federal complaint filed last week, the same day that Gov. Steve Sisolak announced that he would allow the reopening of certain businesses, including restaurants and barbershops, accused county and state officials of abusing their power and asks a judge to lift the orders closing nonessential businesses.

The lawsuit, filed by attorneys from Las Vegas and Reno, includes the owners of a pair of businesses — an events company and a hair salon — that laid off employees; an out-of-work barber; a doctor who said he was prohibited from prescribing drugs to treat malaria to outpatients testing positive for COVID-19; and a man who tested positive for the virus but was prevented from receiving such treatment because of an order from the governor.

As of Saturday, restaurants, barbershops and hair salons and most retail businesses were allowed to reopen with limitations. Bars, gaming establishments, gyms and entertainments venues, such as movie theaters, were to remain closed under the state’s Phase One reopening plan.

The 51-page lawsuit names Sisolak, Attorney General Aaron Ford and a long list of other government officials, saying that business owners and workers have been “financially crippled” because of the statewide shutdown of nonessential businesses.

Officials with the governor’s office and attorney general’s office have declined to comment on the pending litigation.

“As well-intentioned as these Orders and Emergency Directives are with respect to the general public’s health, safety and welfare, they have come at a steep price with respect to the complete and utter restraint on Nevadans’ civil rights and liberties,” the lawsuit stated.

The list of plaintiffs includes Orion Star Events Inc., an entertainment business, Capelli Milano LLC, a hair salon, and Bruce Fong, president of the Nevada Osteopathic Medical Association.

“As a result of defendants’ wanton and unlawful Orders and Emergency Directives, many of these plaintiffs’ ‘Non-Essential Businesses’ might never financially recover and may end up closing their doors forever,” the federal civil rights complaint filed by attorneys Joey Gilbert and Sigal Chattah stated. “Further, defendants’ grossly negligent restriction of drugs approved by the FDA for use in the treatment of COVID-19 is both unlawful and unconscionable, and puts Nevadans at risk of irreversible illness and even possible death.”

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.

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