STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Case Type:_____________ Minnesota Operators of Music and Court File No.: _____________ Amusements, C&N Sales Company, Inc., Judge: _____________ A.H. Hermel Candy & Tobacco Co., South Street Saloon, Inc., Double D Partners, LLC d/b/a The Lakes Bar and Grill, and LoKo Bowling, Inc. d/b/a Bogart’s Entertainment Center, SUMMONS Plaintiffs, v. Tim Walz, in his official capacity as Governor of Minnesota, Jan Malcolm, in her official capacity as the Commissioner of the Minnesota Department of Health, Roslyn Robertson in her official capacity as the Commissioner of the Minnesota Department of Labor and Industry, and Steve Grove, in his official capacity as the Commissioner of the Minnesota Department of Employment and Economic Development, Defendants. THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: Monroe Moxness Berg PA 7760 France Avenue South Suite 700 Minneapolis, MN 55435-5844 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. Respectfully submitted, MONROE MOXNESS BERG PA Dated: January 4, 2021 By: . Matthew S. Duffy (#391072) 7760 France Avenue South, Suite 700 Minneapolis, MN 55435 Phone: (952) 885-5999 Facsimile: (952) 885-5969 Email: [email protected] ATTORNEY FOR PLAINTIFFS 2 STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Case Type:_____________ Minnesota Operators of Music and Court File No.: _____________ Amusements, C&N Sales Company, Inc., Judge: _____________ A.H. Hermel Candy & Tobacco Co., South Street Saloon, Inc., Double D Partners, LLC d/b/a The Lakes Bar and Grill, and LoKo Bowling, Inc. d/b/a Bogart’s Entertainment Center, COMPLAINT Plaintiffs, v. Tim Walz, in his official capacity as Governor of Minnesota, Jan Malcolm, in her official capacity as the Commissioner of the Minnesota Department of Health, Roslyn Robertson, in her official capacity as the Commissioner of the Minnesota Department of Labor and Industry, and Steve Grove, in his official capacity as the Commissioner of the Minnesota Department of Employment and Economic Development, Defendants. Plaintiffs, for their Complaint against Defendants, state and allege as follows: THE PARTIES 1. Plaintiff Minnesota Operators of Music & Amusements (“MOMA”) is a Minnesota nonprofit corporation, with a registered office address of 8720 11th Avenue, Bloomington, Minnesota 55420. 2. Plaintiff C&N Sales Company, Inc. (“C&N Sales”) is a Minnesota corporation with a principal place of business located at 1840 Commerce Drive North, Mankato, Minnesota 56003. 3. Plaintiff A.H. Hermel Candy & Tobacco Co. (“A.H. Hermel”) is a Minnesota corporation with a principal place of business located at 23099 North Riverfront Drive, Mankato, Minnesota 56001. 4. Plaintiff South Street Saloon, Inc. (“South Street Saloon”) is a Minnesota corporation with a principal place of business located at 515 South Front Street, Mankato, MN 56001. 5. Plaintiff Double D Partners, LLC d/b/a The Lakes Bar and Grill (“The Lakes Bar & Grill”) is a Minnesota limited liability company with a principal place of business located at 151 West Humphrey Street, Lake Crystal, MN 56055. 6. Plaintiff LoKo Bowling, Inc. d/b/a Bogart’s Entertainment Center (“Bogart’s”) is a Minnesota corporation with a principal place of business located at 14917 Garrett Avenue, Apple Valley, Minnesota 55124. 7. Defendant Tim Walz has, at all relevant times hereto, been the elected Governor of the State of Minnesota. 8. Defendant Jan Malcolm has, at all relevant times hereto, been the appointed Commissioner of the Minnesota Department of Health (“MDH”). 9. Defendant Roslyn Robertson is the current appointed Commissioner of the Minnesota Department of Labor and Industry (“MDOLI”), having succeeded Nancy Leppink in the role on or about August 20, 2020. 2 10. Defendant Steve Grove has, at all relevant times hereto, been the appointed Commissioner of the Minnesota Department of Employment and Economic Development (“MDEED”). JURISDICTION AND VENUE 11. This Court has jurisdiction over this matter pursuant to Minn. Stat. § 484.01, subd. 1(1) and Minn. Const. Art. VI, § 3 because it involves the enforceability of Executive Orders and Industry Guidance issued by the State of Minnesota pursuant to Minnesota law. 12. Pursuant to Minn. Stat. § 542.18, venue is proper in this Court because the State of Minnesota, or an officer, department, or agency thereof, has been named a party in a civil action. Venue is further proper in this Court pursuant to Minn. Stat. §§ 542.03(1), 542.09 because the named defendants reside in Ramsey County and because a substantial part of the causes of action arose in Ramsey County. FACTUAL BACKGROUND 13. Plaintiff MOMA is an association of vendors and service providers to bars and restaurants located in Minnesota. Among the amenities that MOMA’s members offer to their customers and patrons are billiards, darts, and other entertainment devices, such as arcade-style and table-style video games. 14. Plaintiffs South Street Saloon and The Lakes Bar & Grill are both restaurants located in Minnesota. 15. Plaintiff C&N Sales is an amusement gaming and vending services provider specializing in providing billiards, darts, ATMS, and other coin-operated machines to restaurants and bars within Minnesota and the greater Midwest. 3 16. Plaintiff A.H. Hermel is a distributor of water systems, vending, and cash machines to restaurants in Minnesota and Iowa. 17. Plaintiff Bogart’s Entertainment Center is an event venue and restaurant located in Minnesota offering live music, bowling, sand-volleyball, and various other amenities. 18. The global novel coronavirus (“COVID-19”) outbreak has posed a health and economic threat to the State of Minnesota, the United States, and all countries around the world. On March 11, 2020, the World Health Organization officially characterized the COVID-19 outbreak as a pandemic. On March 13, 2020, President Trump declared a national emergency and Governor Walz declared a peacetime emergency, both due to the pandemic. (See Emergency Executive Order No. 20-21, (the “Executive Order”)). 19. Minnesota Statute § 12.21, subd. 3(7) authorizes the Governor of Minnesota to cooperate with federal and state agencies “in matters pertaining to the emergency management of the state and nation,” including directing and controlling “the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, . and public meetings or gatherings.” 20. Pursuant to Minn. Stat. § 12.21, on March 16, 2020, Governor Walz issued Executive Order 20-04, which prohibited restaurants and bars from offering food or beverages for on-premises consumption beginning March 17, 2020. Subsequently, Governor Walz issued Executive Order 20-63, which permitted restaurants to offer outdoor service beginning on June 1, 2020. 21. Pursuant to Minn. Stat. § 12.21, on June 5, 2020, Governor Walz issued Executive Order 20-74 effective June 9, 2020 (the “June 5 Order”), which, among other things, required that Places of Public Accommodation (as defined in the Executive Order), including 4 restaurants and bars, implement COVID-19 Preparedness Plans that provide for the business’s implementation of, among other things, the applicable MDH and CDC Guidelines. The June 5 Order provided that restaurants and bars may offer food and beverages for on-premises consumption both indoor and outdoor services but must do so at 50% capacity, with a maximum of 250 patrons. 22. Comparatively, the June 5 Order provides that retail establishments may be open and operate at full capacity. 23. In accordance with the June 5 Order, Defendants released industry guidance for restaurants and bars (as amended and updated, the “Guidance).