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.

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.”

RELATED: Restaurant Owner Jesse Arellano Continues Defiant Stance, Says Colorado Coronavirus Restrictions ‘Seem Backward’

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.

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.

Audra Streetman

Comments (7)
  1. Running a business comes under the line of life, liberty, and the pursuit of happiness. I can’t think of anyone waiting to go bankrupt as being happy. When you open any businesses it has to make a profit to provide yourself and family with security. Closing down any business for mcaore than a week runs the risk of failure.

  2. Emily says:

    Maybe they’re just mad that the gofundme for the moron hair dresser raised over $100,000 and they’re only around $30,000 so far. Did the white supremacists promise them they could get rich for defying the law?

    1. Joe Bloe says:

      Poor thing, you so easily let the government take your rights away before you sad little eyes.

  3. Joe Bloe says:

    Poor snowflake liberals are mad that Americans are standing up for their rights. They will be the same babies that are upset when they are told where to live, what rations you are allowed at the grocery store and what job you must take when the liberal communists take over.

  4. Frank says:

    My Dad told me a long time ago that you can’t legislate common sense…it appears this is the case with the owners with their defiance and self-entitlement

  5. Mary says:

    According to the “First Amendment” at the Cornell University site:
    “The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.”

    I don’t see anything in there that covers opening a business during a pandemic in such a way that endangers others (and note that one of the owners was quoted as stating that if anyone who was there on got infected, they couldn’t PROVE that’s WHERE they were infected – so it’s clear they didn’t give 2 hoots about their customers OR THE PEOPLE THEY CAME IN CONTACT WITH after leaving the restaurant). I wonder if any members of the jury will be other restaurant owners or workers who “played by the rules”, many of whom were outraged at what this place did in endangering both staff and patrons.

    Note that based on their logic, no business should have to comply with any state regulations for the business (and we should all be able to “pick and choose” which laws to obey).

  6. Mark Smith says:

    You shouldn’t be able to sue others for your own stupidity but hey this is America!

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