Montana’s Attorney General Austin Knudsen ordered the dismissal of the COVID-19 curfew case that Gallatin County Health Officer Matt Kelley filed against the Rocking R Bar in Bozeman. He gave a deadline of Friday by noon for Gallatin County Attorney Marty Lambert to act.
Montana’s Attorney General Austin Knudsen today exercised his supervisory powers in the Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar case. Knudsen directed County Attorney Marty Lambert to promptly dismiss the case against the Bozeman business that had refused to adhere to the mandate that businesses close at 10:00 p.m.
“The ten o’clock closure rule defies commonsense. This type of government overreach is devastating to Montana workers and small businesses,” Attorney General Knudsen said. “Our action today is a clear message that we need to safely reopen our economy and will not allow overzealous local governments to hold Montana businesses and their employees hostage.”
“This announcement will give stability and certainty to Montana businesses. They will no longer have to fear prosecution for simply serving their customers,” John Iverson of the Montana Tavern Association said.
Governor Greg Gianforte issued a directive Wednesday removing operational hour restrictions on Montana businesses.
Montana Department of Justice, News Release. Jan 14 2021.
The dismissal order from the AG also dissolves the preliminary injunction Kelley secured against the Rocking R Bar for defying his orders on multiple occasions. Gallatin County District Court Judge Rienne McElyea approved Kelley’s injunction in December.
Despite conflicting science that shows that masks do not work to slow the spread of any influenza-like illness (even in clinical settings), Matt Kelley defiantly rebuked Gallatin County citizens on Wednesday after Governor Gianforte announced an end to state-wide restrictions on business closings and capacity,
“We expect businesses and individuals to continue to comply with these rules. This disease remains dangerous and the Board will continue to use the best scientific evidence and epidemiological data available to take actions to reduce spread of this dangerous disease.”
Matt Kelley, Gallatin County Health Director. Jan 13 2021.
Read the full letter from the AG to Gallatin County Attorney here.
