Bar owners get court’s permission to challenge closing time

THREE HUNDRED and seventeen (316) bar keepers and operators, and their association (BOATT), have received the court’s permission to proceed to challenge Health Minister Terrence Deyalsingh over amended covid19 public health regulations which moved the closing time for bars from 10 pm to 8 pm.

Justice Avason Quinlan-Williams on Wednesday granted the group leave to pursue their case and has set a hearing for Monday.

The claim names the 316 members and BOATT as claimants in the exparte judicial review claim filed on Wednesday.

They are represented by attorneys Anand Ramlogan SC, Renuka Rambhajan, Ganesh Saroop, and Douglas Bayley who contended the regulations are unconstitutional and discriminatory.

They are seeking compensation and several declarations, including that the decision by the minister to reduce the opening hours of bars was illegal and irrational. They are also challenging Regulation 3 (2) of the public health coronavirus ordinance as being of no legal effect and are against their rights.

They say because of the covid19 pandemic, which has affected the entire world, and the regulations imposed by the Government, they had to remain completely closed for more than three months, without earning an income. The claim says the members were relieved when the regulations were amended and they were allowed to reopen on June 22. The group complained that within a week the regulations were amended for bars to close earlier because of the errant ways of some bars and they were not consulted when the decision was made to reduce amend the closing time by two hours.

They application also says no medical information has been provided by the Chief Medical Officer to suggest that the new operating times would have an impact on the spread of covid19.

They also said since the regulations were first made in March, TT has only had imported cases and no community spread with the only positive cases being those nationals who were repatriated and were under strict quarantine.

“It is therefore clear that it is highly unlikely that covid19 is currently being spread throughout TT as the borders remain closed and the strict quarantine protocol is applied to incoming persons who have been allowed entry,” the application said.

Going on affidavit to support the application was application was Satesh Moonasar, a bar operator from Rivulet Road, Couva, with two bars in the district. He said he is BOATT’s interim vice-president and the association’s members are concerned about the disproportionate nature of the restrictions which, he said, were discriminatory in how they were being applied.

Moonasar said his bars are his only form of income and the sudden closure affected his business. He said his five employees also suffered and he had no choice but to “cast aside his pride and shame and accept food hampers from charity groups.”

He said his wife even applied for a salary relief grant. He said the 10 pm closing time was already limiting his sales during peak hours of 8 pm to 2 am, Thursdays to Saturdays, and the two hour roll-back has removed the small hope he had to recoup his business.

Moonasar pointed to several international chain restaurants which, he said, had bars within their establishments but were not included in the regulations and are allowed to stay open until 10 pm. One of the alleged errant bars, he pointed out, was also within a restaurant and it continues to operate until 10 pm. He said the entire membership, but for the actions of a few, was being penalised by the roll back and a select few were given an unfair advantage.

He said there was no law on physical distancing, but, he has asked his employees to demarcate tables and chairs in a manner consistent with physical distancing.

He also complained of part groups and candidates, of both the PNM and UNC, campaigning in large groups.

“We contribute significantly to the economy and employ persons from the lower end of the socio-economic ladder. Many of our employees have little or no academic qualifications and are single parents,” he said, adding that each of his bars has seen weekly losses of $10,000. They have asked for an urgent hearing.

On July 9, BOATT members protested at the Queen’s Park Savannah opposite the Office of the Prime Minister in Port of Spain, calling on him to give them back their two hours.