A bar owner's federal lawsuit challenging the constitutionality of Guam's COVID-19 measures could be thrown out.

Today, U.S. Magistrate Judge Michael Bordallo recommended the dismissal of the Shady Lady’s owner Thomas Peinhopf lawsuit, which sought to block the measures, which included the closure of bars, taverns, and other places where data showed an increased risk of virus spread.

The Office of the Attorney General has moved to dismiss the case.
moved to dismiss the case.

According to an OAG release, the court agreed, concluding that Peinhopf’s Complaint failed to show that the public health measures constituted a taking of his property or violated his due process rights, and
finding that the government “took the actions they did to address the current public health
emergency. These government directives were aimed at flattening the curve, slowing the
spread of COVID-19 and preventing the health care system from becoming overwhelmed.”

The court also rejected the argument that allowing grocery stores and hardware stores to
remain open while still limiting the operation of businesses such as bars did not violate the
Equal Protection Clause, holding that Peinhopf failed to show “that the classifications at
issue here were drawn on any basis other than the risk posed to the public health. Rather,
the exhibits to the Complaint appear to demonstrate that the [government’s]’ enacted
measures were rationally based on a legitimate public health interest.”

Bordallo also recommended that Peinhopf’s claim for monetary damages be dismissed but that he be given an opportunity to amend his complaint to properly plead his constitutional claims. The parties have 14 days to file objections to Bordallo’s report and recommendation. The Chief Judge then decides whether to accept, reject, or modify the recommendation.