Guest post by Bill Hennessey
Earlier this week, The Gateway Pundit reported on St. Louis County’s continued persecution of a small business that defied an unconstitutional order to shut down.
House of Pain Gyms in Maryland Heights and Chesterfield re-opened last month in order to pay their bills and to provided needed physical fitness facilities for many St. Louis area police officers, fire fighters, and citizens.
St. Louis County Executive Sam Page lost his mind, sending police to the locations repeatedly. When House of Pain refused to cower, Page filed a lawsuit seeking the names and addresses of every person who’s visited the gyms. He wants to force those people to undergo testing for the Coronavirus so he can send the bill to House of Pain.
Sam Page clearly knows nothing about running a business. House of Pain continues to rack up bills for rent, payment for equipment, etc. It’s not enough for Sam Page to prevent the gyms from earning revenue. Now he wants to place an even bigger burden on them. (Forget the fact that the federal government promised free Coronavirus testing for everyone.)
Now this: Attorneys for the House of Pain entered a Motion to Dismiss for Lack of Jurisdiction today just before the 4:00 scheduled hearing on the County’s Temporary Restraining Order request.
A top St. Louis attorney looked at the motion and said this:
WOW! Wow- I read the motion- that’s a massive f*** up by the county. Unless they did it on purpose. Sort of the equivalent of a “delope” in dueling.
(Delope: to shoot into the air during a duel, in order deliberately to miss one’s opponent.)
TGP asked the attorney: “So, you’re saying there’s a chance this gets dismissed?”
Yeah- they [St. Louis County] named the wrong party in the suit, apparently. That’s a jurisdictional defect in the case. They can’t issue a TRO [temporary restraining order] when there is clear evidence they’ve “got the wrong guy.” It would be no different than getting a TRO against McDonalds in order to shut down the gym.
The hearing scheduled for 4:00 p.m. May 15 has been reschedule for 10:00 a.m. on May 18.
Stay tuned to The Gateway Pundit as this case of unconstitutional overreach develops.