BLUFFTON, Ind. (WANE) – A judge has dismissed a lawsuit issued by Yergy’s State Road Barbecue, a Bluffton-based restaurant that was shut down in August 2020 after failing to comply with the state’s mask mandate.
In December, owner Matt Yergler filed suit against the Wells County Health Department, the state and Gov. Eric Holcomb. The lawsuit stated that the business was “aggrieved and adversely affected” when it shut down. Yergler argued it was a question of individual liberty.
The mask mandate was downgraded to an advisory in April, and Yergy’s reopened after passing health inspections.
In yesterday’s dismissal, the judge said the court is sympathetic to hardships caused by the government’s response to the pandemic, but subsequent actions made by state leaders made the complaint’s issues moot.