On Friday, The Buckeye Institute filed its appeal and a request for oral arguments in Flannery v. D.C. Department of Health with the U.S. Court of Appeals for the District of Columbia. The Buckeye Institute’s client, Eric Flannery, is challenging D.C. Council’s and Mayor Muriel Bowser’s pandemic-era emergency acts and orders, which led to the closure of The Big Board, a neighborhood bar and grill owned by Mr. Flannery.
“This case is not just about The Big Board,” said David C. Tryon, director of litigation at The Buckeye Institute and an attorney representing Mr. Flannery. “It is about ensuring the government abides by the U.S. Constitution even during emergencies—perhaps especially then.”
Beginning in March 2020, D.C. Council issued a series of 90-day emergency amendments, and Mayor Muriel Bowser began issuing rolling emergency orders. Mayor Bowser extended her initial public emergency declaration at least 16 times in 90-day increments over two years. Under D.C.’s Home Rule Act, the mayor only has the authority to issue emergency orders for up to 30 days, making her rolling emergency orders illegal and violating the due process clause of the U.S. Constitution.
Buckeye’s co-counsel in the case are Patrick Strawbridge, David L. Rosenthal, and Frank H. Chang at Consovoy McCarthy PLLC.