CASTLE ROCK, Colo. (CBS4) – The owners of a Castle Rock restaurant that defied the state’s public health order and opened on Mother’s Day are now suing health officials and Gov. Jared Polis for ordering them to close. C&C Breakfast and Korean Kitchen let dozens of patrons dine inside on May 10 and video of the packed dining room went viral.

(credit: Nick Puckett/Colorado Community Media)

The Tri-County Health Department ordered the restaurant to close the following day, and the Colorado Department of Public Health and Environment suspended the business’s license. In the complaint filed Friday, the restaurant owners Jesse and April Arellano claim health officials and the governor violated their First Amendment rights.

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Jesse Arellano

Jesse Arellano (credit: CBS)

The document claims the Arellanos reopened for dine-in service to save their business. According to the complaint, overlapping executive and public health orders have left the Arellanos “in a continual state of limbo and uncertainty.”

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Polis said the restaurant caused an immediate health hazard — and he was “extremely disappointed.”

“I joined most Coloradans in in our frustration watching videos of people illegally packed into restaurants and thinking about all the moms and grandmothers and aunts and everyone who was put at increased risk of dying from this horrible virus,” Polis stated earlier this month.

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CBS4 reached out to Gov. Polis and CDPHE for comment on the lawsuit. A spokesperson for the governor said his office will not comment on pending litigation.