A New Jersey bar is suing its local government over unreasonable occupancy limits.

Tashmoo Restaurant & Bar in Morristown, New Jersey, had its outdoor license revoked for overcrowding in June 2020 after town officials accused it of violating health guidelines by packing patrons into its pop-up beer garden. Now, the bar is suing the township for what it claims is an arbitrary, capricious, unreasonable and unconstitutional attack on the plaintiff’s business. 

According to news reports, the business has been undergoing expansion renovation. The owner noted that the expansion layout calls for a maximum occupancy of 774, but the township is demanding it be limited to 351, a number the owner claims is “so low they are worse than unreasonable - they are downright ridiculous.”

“The 351 figure would be the maximum occupancy in a non-pandemic environment. With the 50% limitation, the occupancy becomes 175,” said the bar’s attorney, Thomas Cotton.

Morristown’s Mayor is quoted as accusing Tashmoo of trying to turn the restaurant into a night club.

—Source: nj.com