Restaurants have lodged papers in the High Court challenging the Government over "discriminatory" reopening rules.
Hotels can serve guests indoors while restaurants are still banned until next month.
The Restaurants Association of Ireland (RAI) have had enough and believe this is discriminatory under the law and are looking to have the laws “quashed” in their application to the courts today.
The RAI argues that no reason has been given for why it is deemed safe to eat inside a hotel dining room, but not inside a regular restaurant.
Their arguments against the latest lockdown laws in their application are based on “irrationality, lack of proportionality and unjustifiable interference with restaurateur’s property and economic rights.”
Former Minister for Justice and top lawyer, Michael McDowell, will present papers in the High Court on behalf of the RAI.
The Mirror also understands the restaurateurs will present a legal case for further lockdowns being unconstitutional, and will seek the courts’ protection against any repeated attempts at closures of hospitality.
RAI chief executive, Adrian Cummins, told the Irish Mirror on Thursday: “The Restaurants Association of Ireland and members of the Association are to apply to the High Court seeking leave to challenge distinctions made between indoor dining in non-hotel commercial restaurants and indoor dining within hotels.
“The challenge relates to recent regulations signed by the Minister of Health and claims the distinction drawn should be quashed on the basis of irrationality, lack of proportionality and unjustifiable interference with restaurateur’s property and economic rights.
“These regulations are required to be challenged in order to ensure the continued viability of our Members’ livelihoods and in order to ensure that these unjustifiable distinctions do not continue.”
It is anticipated that indoor dining will resume from July 5th, with everything “on track” according to both the Taoiseach, Micheál Martin, and Tánaiste, Leo Varadkar, this week.
Michael McDowell has been retained as Senior Counsel for the RAI, while leading law firm, Robinsons Solicitors will also be on the legal team.
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