Rocco’s Tavern Suing City For Damages Caused by Shutdown

A local restaurant owner has filed a claim for damages against the city for losses his business incurred following the safer at home order imposed with the onset of COVID-19.

According to the claim, Leo Amari, who owns Rocco’s Tavern in Old Pasadena, is asking for $6 million or $300,000 per month for as long as the city’s health order lasts.

The claim lists the “city of Pasadena, through Mayor and Public Health Officer” as the city employees causing the damage or injury.

“The order [as revised and supplemented] ordered the temporary closure of claimant’s business and other restrictions on claimant’s business, including but not limited to the closure of bars and on premises and indoor dining,” according to the claim. “The order has caused and continues to cause irreparable harm to claimant to this day and for the foreseeable future.”

Amari could be the first local for-profit business owner to file a claim against the city regarding the city’s safer at home order.

Harvest Rock Church has lost twice in court in a lawsuit that would allow churches to once again hold indoor services.

The state’s health and safety law allows local health officers to take any preventive measures that may be necessary to protect and preserve the public health from any state of emergency declared by the governor after a local health emergency has been declared,

A claim is the first step in filing a lawsuit. The city has 45 days to respond to the document, which was accepted by the City Clerk’s office on Sept. 18.

City Manager Steve Mermell instituted the local safer at home order on March 22, according to an attachment filed with the claim.

Immediately after that, Gov. Gavin Newsom’s statewide mandate forced millions of Californians, including Pasadenans, to stay at home and follow social distancing rules, except in the event of several conditions, and closed all non-essential businesses.

Although restaurants were not closed, they were only limited to doing take out business.

According to some estimates, thousands of restaurants could be forced to close due to the loss of revenue caused by the shutdown. Locally, several restaurants have already been forced to close.

“The city’s COVID-19-related Orders amount to a near or total shutdown of the business and have devastated claimant’s business property and caused a severe loss of revenue and income,” the claim states. “The Orders have resulted in the taking of claimant’s business property for the public good without compensation in violation of claimant’s constitutional rights.”