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GLOW IN ONE MINI GOLF, LLC v. WALZ

No. 21-2283.

37 F.4th 1365 (2022)

Northland Baptist Church of St. Paul, Minnesota; John Bruski; Living Word Christian Center, Plaintiffs GLOW IN ONE MINI GOLF, LLC; Aaron Kessler; Myron's Cards and Gifts, Inc.; Larry Evenson; AJ Hulse Company; Andrew Hulse; Gay Bunch-Hulse, Plaintiffs-Appellants, v. Governor Tim WALZ, individually and in his official capacity; Attorney General Keith M. Ellison, in his official capacity; Mike Freeman, in his official capacity as County Attorney for Hennepin County, Minnesota; Anthony Charles Palumbo, in his official capacity as County Attorney for Anoka County, Minnesota; John Choi, in his official capacity as County Attorney for Ramsey County, Minnesota, Defendants-Appellees. The Forum for Constitutional Rights, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the appellants' brief, was James Dickey , of Golden Valley, MN. The following attorney(s) also appeared on the appellants' brief; Douglas Seaton , of Golden Valley, MN.

Counsel who presented argument on behalf of appellees Keith M. Ellison and Tim Walz, and appeared on the appellees' brief was Elizabeth Catherine Kramer , Solicitor General, of Saint Paul, MN. The following attorney(s) also appeared on the appellees' brief; Cicely Rosemary Miltich , former AAG, of Saint Paul, MN.

Counsel who appeared on the brief of amici curiae The Forum for Constitutional Rights, was Aaron R. Thom , of Minneapolis, MN.

Before LOKEN, COLLOTON, and SHEPHERD, Circuit Judges.

In response to the COVID-19 pandemic, Minnesota Governor Tim Walz declared a state of "peacetime emergency" and began issuing executive orders (EOs) intended to combat the spread of the virus. The EOs pertinent to this appeal limited which types of businesses could continue operations and, later, specified the capacities...

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