Another Takings Challenge To Business Shut Down Order

Here's the latest complaint challenging the virus-related business shut down orders springing up nationwide. (Other lawsuits are posted here and here.)  

This one alleges a host of constitutional violations (and defamation!) after the Connecticut governor banned large gatherings and ordered all restaurants and bars to close, and the New Haven mayor publicly "highlighted" the plaintiff -- a lounge -- as a noncompliant business.

Relevant for our purposes here, buried in the complaint is a takings claim:

Count Eleven – Violation of Constitutional Rights of The Right To Receive Compensation For A Taking of Property as to Defendant Ned Lamont

73. Paragraphs 1 through 22 and 58 through 72 of the Complaint are incorporated herein.

74. Lamont's order limiting the activities of businesses and deciding which businesses can remain open based on their purposes regulates the use of private property to such a degree that it effectively deprives the Plaintiffs of the economically reasonable use of their property to the point where it deprives them of the value of their property, thus violating the Fifth and Fourteenth Amendments to the United States Constitution.

75. Lamont's order limiting the activities of businesses and deciding which businesses can remain open based on their purposes regulates the use of private property to such a degree that it effectively deprives the Plaintiffs of the economically reasonable use of their property to the point where it deprives them of the value of their property, thus violating Article the First, Section 11 of the Connecticut Constitution.

Complaint at 12. 

A few notes. First, we're presenting a (free) webinar next Tuesday, April 14, at 6pm ET, 5pm CT, 3pm PT, 12n HT about these type of claims, "Safety vs. Freedom: Are There Limits to Lockdowns?" 

Second, here are our prior posts on the subject of "emergency" takings and police power:

• Latest Readings: On Emergency Takings, Compensation For Commandeered Property
• First Takings Lawsuit Challenging Business Shut-Down Order
• The Royal Origins Of "Police Power" Hawaii-Style: The King v. Tong Lee (1880)
• Time For A "Coronavirus Disputes Court?"
• Emergencies, Police Power, Commandeering, And Compensation: Essential Readings
• #CoronavirusLaw: Is There A Difference Between "Commandeering" Property In An Emergency, And "Taking" It?

Complaint, Amato v. Elicker, No. 3:20-cv-00464 (Apr. 3, 2020)