A Minnesota bar owner lost her business, liquor and food service licenses, and is facing up to $350,000 in fines for violating a governor’s executive order. But the Minnesota Attorney General’s lawsuit doesn’t list any actual harm caused by her actions.
“I didn’t break the law; I defied the executive order,” Lisa Monet Zarza told The Epoch Times.
Zarza’s attorney, Richard Dahl of Brainerd, Minnesota, did not respond to a request for comment by The Epoch Times. Nor did the Minnesota Attorney General’s office.
The lawsuit was filed in Minnesota District Court in Dakota County. It alleges that Lionheart LLC, doing business as Alibi Drinkery of Lakeville, Minnesota, opened for business illegally from Dec. 16–30, 2020.
Gov. Tim Walz had ordered bars, restaurants, and other businesses closed to stem the spread of the CCP (Chinese Communist Party) virus, commonly known as the novel coronavirus.
It was one of a series of executive orders issued from March 2020 to June 2021 after Walz declared a “peacetime emergency.” A review of available data by The Epoch Times indicates Walz’s orders likely accomplished nothing toward controlling the spread of the CCP virus.
Zarza said that she and her business partner had complied with all state mandates up to that point. They closed for the initial two-week period in March 2020 to “flatten the curve.” They offered take-out service and outdoor dining as much as they could.
Zarza said Alibi Drinkery never reported an issue and was never connected to any COVID cases.
“We closed exactly how they said,” she said.
The peacetime emergency declaration, approved by the legislature, allowed Walz to issue edicts with the power of law. One of those was Executive Order 20-99.
It was issued on Nov. 19, 2020, in response to a spike in positive tests for the virus in the state.
According to the order, “The virus is everywhere, meaning that every interaction we have with people outside our households poses a risk of transmission.”
The 23-page order declared that previous efforts to control the spread of the virus needed to be increased. Therefore, a mask mandate was instituted, and various organizations such as gyms, bars and restaurants, sports venues, and others considered high risks for spreading the virus were ordered to close.
She described Alibi Drinkery as a “hometown bar” in Lakeville, a community in the Minneapolis-St. Paul area. She said she was active in the Lakeville business scene serving on various boards and with the Chamber of Commerce. Alibi Drinkery sponsored sports teams and hosted parties and community events.
“We were embedded in the community,” Zarza said.
Zarza said she started in the restaurant business as a 20-year-old. She loves the work, and it has become the only life she has ever really known.
“I don’t drink, and I don’t do drugs; I run restaurants,” she quipped during a telephone interview.
After more than a year of lockdowns, restrictions, and reduced business activity, Zarza said she and other business owners had had enough. With their businesses on the brink of bankruptcy, the owners banded together to form ReOpen Minnesota. They created a Facebook page and began actively opposing Walz’s plans.
Over time, Zarza said, some of the businesses were able to get concessions from the state. The owner of a chain of gyms sued, and restrictions on those businesses were eased. However, she said small independent businesses needed an organized group to stand for them. So, she decided to stand up for herself.
Initially, more than 100 businesses were slated to reopen. But in the end, only about 15 followed through.
When Zarza took to Facebook to announce that Alibi Drinkery would open on Dec. 16, 2020, she said the state quickly responded. She received a letter from Attorney General Keith Ellison’s office explaining that her action would violate the executive order and the penalties that could be imposed.
Two weeks later, the business was closed and the state sued her. She said the state accused Alibi Drinkery of being a “superspreader” and possibly exposing 4,809 people to the virus. Nothing she has received, including the original lawsuit filed with the court, ties any specific COVID cases to her business.
Upon first reading, the lawsuit is alarming. It outlines the spike in positive tests for the CCP virus, and much of it appears to be borne out in the available data. But, the lawsuit doesn’t provide any specific harm done by Alibi Drinkery or Zarza.
“We didn’t have one reported case of COVID,” she said.
The true impact of the CCP virus may be hidden behind the high infection rates.
According to the Minnesota Department of Health website, on Feb. 16, 2023, the state reported more than 1.7 million positive tests since the pandemic began. Of those, 14,325 deaths related to COVID had been reported in Minnesota. This means less than 1 percent of those who tested positive for the CCP virus died.
Minnesota reported a 99.1 percent COVID survival rate.
The website tracktherecovery.org is hosted by Opportunity Insights. Opportunity Insights bills itself as a non-partisan, not-for-profit organization at Harvard University “that seeks to translate insights from rigorous, scientific research to policy change by harnessing the power of ‘big data’ using an interdisciplinary approach.”
On tracktherecovery.org, Opportunity Insights tracks the course of the pandemic using data from The New York Times, the Centers for Disease Control and Prevention, the Johns Hopkins Coronavirus Resource Center, and the U.S. Department of Health and Human Services.
The site uses interactive graphs enabling users to compare different data sets.
According to a review by The Epoch Times, state actions had little impact on the spread of the virus or mortality rates.
Spikes and Troughs
The graphs show that Minnesota and neighboring Wisconsin experienced spikes and troughs in positive test results at roughly the same time as the rest of the nation. Wisconsin borders Minnesota but took a much lighter approach to the pandemic.According to the website, on Nov. 18, 2020, when Walz issued Executive Order 20-99, Minnesota showed a spike of 120 new COVID cases per 100,000 people. It also reported 51.7 deaths per 100,000 persons. This was Walz’s reason for issuing the strict order.
On that same day, Wisconsin reported 121 new cases per 100,000 people and 47.6 deaths per 100,000 people. Wisconsin officials issued a stay-at-home advisory.
On Dec. 18, 2020, Minnesota reported that the rate of new cases reported had dropped to 53 per 100,000 people. But, the mortality rate had increased to 81.4 per 100,000 cases. Likewise, in Wisconsin, the rate of new cases dropped to 61.3 per 100,000 persons, with a mortality rate of 76.4 deaths per 100,000 people.
An examination of the graphs shows that the new case figures fluctuate, some months wildly.
On Jan. 25, 2022, Minnesota reported a precipitous increase of new cases per 100,000 persons to 294. Wisconsin reported 274 new cases per 100,000 persons that day. The mortality rates for each were 188 deaths per 100,000 persons in Minnesota and 198 in Wisconsin.
By that time, both states had lifted their emergency declarations.
The Epoch Times could find nothing to indicate that either state issued any orders related to the January 2022 spike, even though it was the highest spike recorded to that point.
Zarza said an online hearing for her case is scheduled for Feb. 22.
Both sides are expected to request a summary judgment, but Zarza’s not optimistic. Regardless of how her case comes out, she said she would never be the same.
According to Zarza, the state took her business, her life’s savings, and her identity as a business owner and integral part of her community.
Unable to work in Minnesota due to the loss of her licenses, she commutes more than two hours to a new business she purchased in Wisconsin. While she’s happy with her new business, she isn’t happy with how she got there.
After 30 years, she is starting over.
“We lost everything,” Zarza said. “I lost my livelihood.”
