IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
T HIRD JUDICIAL DISTRICT AT ANCHORAGE

Municipality of Anchorage,
PlaintifC
vs.
Kriner's Diner, LLC.,
Defendants.

3AN-20-7394 CT

ORDER GRANTING PLAINTIFF'S MOTION FOR TEMPORARY
INJUNCTION
The Plai ntiff s motion for a temporary injunction is GRANTED.
Defendants are ordered to comply with E0-15. Specifically they are prohibited
from providing, all owing or facilitating, directly or indirectly, indoor dining.
The Plaintiff has demonstrated that the Anchorage public wi ll suffer
in-eparable harm by all owing businesses such as Kriner's Diner to violate
Emergency Order - I 5. Specifical ly, that indoor dining exacerbates the risk of the
spread of COYID-19. If infected with COVID-19, individuals face a significant
risk of serious harm to their health to include death.
The economic interests of Kriner's Diner and businesses s imilarly situated
are adeq uately protected by the ability to continue bus iness operations by serving
food outdoors, curbs ide, to-go orders or for delivery. That the nature of the
potential harm to the Anchorage public is of such s ignificant importance, that the

 closure of a business would be warranted. A property interest cannot outweigh a
person's interest in life.
The issues raised by the Plaintiff, specifically the Defendant's willful noncompliance with E0-15, raise serious and substantial questions regarding the
merits of the case. The Plaintiff demonstrated and the defendants did not oppose
that the Mayor of Anchorage has the authority to issue emergency orders; that EO15 was issued; that the defendants received notice of E0-1 5; and that the
defendants wi llfu lly violated E0-1 5.

IT IS SO ORDERED.
Dated at Anchorage, Alaska this 7111 day of August 2020.

~-:
~
Superior Court Judge

~t1~ifl~

I certify that on
a copy
of the above was mai ed lo each ofihe following

~!~·

Nancy McKewin, Judicial As s ant

/},

}

n

lQu~~~,