A local business owner is leading a class action complaint filed against Governor Lou Leon Guerrero and Public Health director Art San Agustin. The owner of Livehouse and Shady lady, Thomas Peinhopf, through attorneys Tom Fisher and Rachel Ayuyu, filed the complaint this afternoon in the U.S. District Court of Guam.

Peinhoff is fighting the governor's orders to shutdown non-essential businesses like his.

According to court documents, the governor claimed power to enact this shutdown order, having violated Peinhofp's rights and resulting in financial impact. Documents state, "In arbitrary and capricious manners, Defendant Leon Guerrero and Defendant San Agustin, have expressed an intention to deprive Plaintiff of the economic benefits and use of his property while permitting other businesses to operate".

He argues there's no basis for allowing one business to operate, while prohibiting another business when both are capable of implementing the same safety policies. He is seeking the court to declare the governor's shutdown orders unconstitutional, as well as compensation for losses.

Reacting to the lawsuit Adelup issued the following statement: "Under the laws of Guam and the Organic Act, the Governor has the legal authority and moral obligation to save lives and prevent the outright collapse of our healthcare system. We are focused on that effort and remain confident that the courts will acknowledge these facts. We will reopen as soon as it is reasonable to do so. But that decision will be based on data that demonstrates that community spread can be contained and that our hospitals have the capacity to treat those who need it. Until then, no one's life or livelihood will be safe."