Case Document 7 Filed 05/28/20 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION CHARLES BRADFORD RAMEY, HEBERT TAYLOR RAMEY, and BRO ENTERTAINMENT, LLC d/b/a UPDOWN TRAMPOLINE PARK PLAIN TIFFS V. CAUSE NO. CITY OF HATTIESBURG, MISSISSIPPI and TOBY BARKER, MAYOR of the CITY OF HATTIESBURG, MISSISSIPPI DEFENDANTS MOTION TO DISMISS PER F.R.C.P. 12(b)(6) Defendants ?le this Motion to Dismiss per .R.C.P. 12(b)(6) and state: 1. On March 31, 2020, in an effort to ?ght the escalating COVID-19 pandemic, Governor Tate Reeves issued Executive Order No. 1465, closing to the public all places of amusement and recreation, including indoor playgrounds and children?s party and play facilities. Governor Reeves extended the closure of these facilities statewide through subsequent executive orders, and these facilities remain closed. See Reeves? Executive Orders, Exhibit Governor Reeves' of?ce recently provided the public with a draft Executive Order No. 1492, which proposes to open those facilities effective June 1, 2020. See Reeves? Proposed Executive Order, Exhibit 2. At the express direction and command of Governor Reeves, Mayor Toby Barker issued numerous city executive orders adopting and implementing Governor Reeves' orders, including the closure of all entertainment venues, inclusive of amusement and recreation 1 For the speci?c citations to closure of indoor playgrounds and children?s party and play facilities, see Order No. 1465, I.f.ii, Order No. 1466, I.f.ii, and Order No. 1477 1 Case Document 7 Filed 05/28/20 Page 2 of 4 businesses, such as playgrounds and children?s party and play facilities. See Barker's Executive Orders, Exhibit 3. Plaintiffs purport to be the owners of a certain recreational facility and indoor playground called Updown Trampoline Park, a business which falls squarely within Governor Reeves' order of business closures until further notice. Governor Reeves mandated the closure of Updown Trampoline Park by the authority granted to him under the Mississippi Emergency Management Law, Miss. Code Ann. 33?15?1, et seq. This statute confers broad authority upon the governor of our state to impose restrictions on commerce to the extent necessary to protect the health, safety and welfare of the citizens of our state. 4. Plaintiffs? lawsuit is premised on the argument that Governor Tate Reeves had no authority to close their business in Hattiesburg and, by extension, Mayor Toby Barker had no authority to enforce Governor Revees' order through the use of local law enforcement and issuance of citations. Plaintiffs cite to no authority in support of their claim that in this current worldwide health crisis, the governor exceeded his authority to protect the health, safety, and welfare of the public. The above statute authorizes the governor?s actions and extends authority to local law enforcement to enforce these orders. Miss. Code Ann. 33-15-11 and Order Nos. 1465 and IV, 1466 and IV, and 1473 IV and V. 5. While there are positive signs that the governor's executive orders are working to reduce cases, the latest data from the Mississippi State Department of Health re?ects 313 new cases on May 26, 2020, with 18 deaths. State and local of?cials continue to work tirelessly to limit the spread of new cases within our state. See Exhibit Case Document 7 Filed 05/28/20 Page 3 of 4 WHEREFORE, for the reasons stated, the Defendants move to dismiss this case per F.R.C.P. RESPECTFULLY SUBMITTED, this the 28th day of May, 2020. HICKS LAW FIRM, PLLC 211 South 29th Avenue, Suite 201 (39401) Post Of?ce Box 18350 Hattiesburg, MS 39404-8350 Telephone: 601.544.6770 Facsimile: 601.544.6775 Email: ls/ Clark Hicks L. CLARK HICKS, JR. (MSB NO. 8963) Attorney for Defendants, City of Hattiesburg, Mississippi, and Mayor Toby Barker Moran M. ?Randy? Pope, (MSB No. 4441) Pope Pope, P.A. Post Of?ce Box 17527 Hattiesburg, MS 39404-7527 Email: randypopg??popelawcom Attorney for Defendants, City ofHattiesburg, Mississippi, and Mayor Toby Barker Case Document 7 Filed 05/28/20 Page 4 of 4 CERTIFICATE OF SERVICE I, L. Clark Hicks, Jr., do hereby certify that I have this day electronically ?led the foregoing document with the Clerk of the Court using the system, which sent noti?cation of such ?ling to registered users. Dated: May 28, 2020. Clark Hicks L. CLARK HICKS, JR. (MSB NO. 8963) Attorney for Defendants, City of Hattiesburg, Mississippi, and Mayor Toby Barker Moran M. ?Randy? Pope, (MSB No. 4441) Pope Pope, P.A. Post Of?ce Box 17527 Hattiesburg, MS 39404-7527 Email: randypopc?iponelaw.com Attorney for Defendants, City of Hattiesburg, Mississippi, and Mayor Toby Barker