BISMARCK, N.D. (AP) - The North Dakota Supreme Court could consider a dispute over whether Gov. Doug Burgum had the authority to close businesses during the coronavirus pandemic.
A North Dakota district judge this week refused to dismiss a criminal case against a Minot hair salon operator accused of violating the governor’s order last spring.
Burgum in late March issued executive orders temporarily restricting or closing some businesses, including hair salons to prevent the spread of COVID-19. The order expired in early May.
Attorney Lynn Boughey, who represents Somerset Court and Kari Riggin, an independent contractor who operates the salon inside the assisted living facility, said they will appeal Wednesday’s ruling by North Central District Judge Richard Hagar, the Bismarck Tribune reported.
The Somerset Court salon continued operating into April. Riggin was cited on April 14 for failing to comply with Burgum’s order. The infraction carries a potential fine up to $1,000.
Hagar rejected a defense request to dismiss the criminal case, ruling that Burgum did not exceed his authority in making the order and that Riggin “was performing cosmetology services, was aware of the Governor’s order, its restrictions, and its applicability to her actions.”
Somerset Court and Riggin sued Burgum and then-State Health Officer Mylynn Tufte in April in an effort to keep operating. A South Central District judge dismissed the civil case last month.
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