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Polk County judge upholds Gov. Reynolds' bar closures in 6 counties

Restaurants are allowed to stay open under the state's latest public health proclamation, but they must stop alcohol sales at 10 p.m.

DES MOINES, Iowa — Iowa bars will remain closed in certain counties because of the spread of COVID-19, a judge has ruled.

Select bar owners had filed a lawsuit against Gov. Kim Reynolds closing bars, brewers and night clubs in six counties—Black Hawk, Dallas, Johnson, Linn, Polk and Story—claiming the decision unfairly hurt their businesses.

Restaurants in those counties can stay open, but alcohol sales must stop at 10 p.m.

"We made the decision to move forward with this because we wanted to get in front of a bad flu season and we want to flatten that curve and reduce the virus activity," Reynolds said on Aug. 27.

In a Friday ruling, Judge William Kelly referenced the Iowa Department of Public Health's statements that bars pose a unique set of circumstances to curbing the virus' spread, such the difficulty of social distancing and patrons talking louder.

His order struck down the lawsuit's attempt for a temporary injunction, which would have kept bars open pending further legal review.

"While their potential harm may be irreparable, it is outweighed by the potential harm to the Defendants responsible for making public health decisions," Kelly wrote. "The balance of equities and public interest weigh against a temporary injunction."

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