Boston Bit Labs, Inc. v. Baker, No. 20-2046 (1st Cir. 2021)
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The First Circuit affirmed the district court's dismissal of this suit challenging Massachusetts Governor Charles Baker's COVID-19 Order No. 43 as unconstitutional, holding that the case was moot.
Bit Bar, which owned and ran a restaurant/arcade in the city of Salem, Massachusetts, brought suit under 42 U.S.C. 1983, attacking Governor Baker's order, which temporarily closed the trade part of Bit Bar's business, as unconstitutional. The complaint alleged that the Governor's restriction violated Bit Bar's First and Fourteenth Amendment rights. Just days after Bit Bar filed suit, Governor Baker entered an order allowing arcades to reopen. The Governor then moved to dismiss the complaint as moot. The district court granted the motion to dismiss. The First Circuit affirmed, holding that the case was moot.
The court issued a subsequent related opinion or order on August 27, 2021.
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