Arcade Operator’s Challenge to Massachusetts Covid Order Moot

Aug. 27, 2021, 3:06 PM

A Massachusetts arcade owner is unable to go forward with a challenge to the state’s Covid restrictions after the governor terminated the state of emergency that gave him the authority to close certain businesses, the First Circuit ruled.

The claims are moot because “with the offending executive order wiped away,” there is nothing harming the plaintiff, Bit Bar Salem, the U.S. Court of Appeals for the First Circuit said Thursday.

The court rejected Bit Bar’s argument that the “voluntary cessation” of the restrictions doesn’t moot the case because Governor Charles Baker “could resume” that conduct “at a whim.”

The voluntary ...

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