A fight over COVID-19 pandemic health orders may be reigniting in Jefferson County. Bandimere speedway filed a new lawsuit against the Colorado Department of Public Health and Environment and Gov. Jared Polis, arguing that mandates issued in response to COVID were unconstitutional
At the height of COVID-19 and as a mass of public health mandates were handed down, Bandimere Speedway started pushing back.
"They kind of put the squeeze on us," John Bandimere III said.
Two of the events held at the track attracted several hundred people, one of those titled "Stop the Covid Chaos" launching the family-owned business into a legal battle with Jefferson County.
"I've had enough," one of the speakers told the crowd at the time.
The Jefferson County Public Health Department, tasked with both issuing and enforcing those orders sued the track for what they called a blatant violation of public health orders, and tried to.
Bandimere attorneys countered with their own lawsuit, claiming the mandates themselves were unconstitutional.
Bandimere II says there was little movement on that case for more than a year.
"Basically, what they did is they sat on it long enough to make sure the mandates had been lifted then to be able to say that the case would not be heard by the judge because the case was all moot points," he said.
Rather than let that be the end of it, Bandimere III says the issue should be argued in court.
"The point is the case is constitutional and it is about making sure these things never happen again to other small businesses," he said.
The new lawsuit again targets the Jefferson County Public Health Department, which was only learning of the suit Tuesday afternoon when CBS4 requested comment.
It also names once again Polis, a spokesperson for his office says they are unable to comment on pending litigation.
While a spokesperson for Jefferson County is working to provide additional comment on this new lawsuit, one argument they have made is that following the State of Emergency issued by Polis in March 2020 they had the authority to investigate, and control disease affecting public health and that authority included prohibiting gatherings in order to protect public health.
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