BLUFFTON, Ind. (WANE) – Yergy’s State Road Barbecue has released a statement days after the Wells County Circuit Court dismissed a lawsuit against the Wells County Health Department, the state and Gov. Eric Holcomb.
The statement on Facebook read:
“With all due respect to Wells County Circuit Court and their decision on dismissing our case.
On Monday our lawsuit was dismissed in Wells County Circuit Court by Judge Kiracofe. We fervently disagree with the courts findings and we are leaning heavily on appealing this decision. We are going to keep standing up for our rights to own a business and operate it with the same freedom prior to a virus which has been heavily politicized to hurt the middle class, small business owners, and individual liberties. We were hoping for some help from the courts, however that didn’t happen so we fight on in a thousand different ways to end tyranny in the state of Indiana. Thanks for all the support and we will continue to fight for our God given rights and the future of our children. God is good and in control and that’s where we find our hope. God Bless”Yergy’s State Road Barbeque
The lawsuit filed in December 2020 stated that the business was “aggrieved and adversely affected” when it was shut down in August 2020 after failing to comply with the state’s mask mandate. 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 Monday’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.