Judge grants restraining order against Haven’s Garden
Injunction calls for restaurant to comply with prohibition on indoor dining
MARSHALL — A Ramsey County District Court judge has issued an order aimed at keeping a Lynd restaurant from violating state COVID-19 restrictions.
On Wednesday, Judge Sara Grewing granted a temporary injunction against Haven’s Garden, which has been offering dine-in service in defiance of executive orders from Gov. Tim Walz. The injunction calls for Haven’s Garden to comply with Executive Order 20-99, as well as any future orders that apply to restaurants and bars, court records said.
The judge’s order does not shut down Haven’s Garden. The order said the business can still have window service, walk-up or drive-up service, or delivery.
However, on Thursday morning, Haven’s Garden owner Larvita McFarquhar said in a Facebook Live video that her business will remain open for indoor dining.
“I will not be shutting down,” McFarquhar said in the video. “For the judge to rule this way is unconstitutional.”
Keeping Haven’s Garden open is a move that will mean making more court appearances. The judge’s order gave McFarquhar a deadline to certify in writing that she was no longer providing dine-in services. If she failed to comply, McFarquhar would have to show why she should not be judged in contempt of court, the order said. Court records said a remote hearing has been set for this afternoon.
The Minnesota Department of Health was seeking a restraining order against Haven’s Garden as part of a lawsuit against the business. In a court hearing Wednesday, the attorney representing the MDH said the restraining order was necessary to help prevent the spread of COVID-19. The virus can spread easily when people gather together indoors to eat or drink, the lawsuit said. Meanwhile, McFarquhar’s attorney argued that the executive orders affecting bars and restaurants were not being applied fairly, because the governor has not ordered restaurants at Native American casinos to close as well.
The judge’s ruling said the court was “deeply sympathetic” to the threat the governor’s orders could pose to the livelihoods of restaurant owners. However, there was a greater risk to public health and safety of Minnesotans, the ruling said. The ruling also said the court did not have a reason to conclude that the governor of Minnesota had the authority to regulate business for Native American tribes, who are separate sovereign nations.


