Fishers, IN asked in Business Law and Health Care Law for Indiana

Q: Can a local health department determine hours of operation on a define set of business and exclude others?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: An Indiana attorney could advise best, but your question remains open for four weeks. In terms of hours, COVID-19 has resulted in many entities having greater leeway in reducing hours or effecting closures at their discretion. In terms of serving some entities and excluding others, that could depend on their basis for exclusion. If the exclusion involves traditional classes protected by equal protection, the exclusion could be problematic. It's possible they are able to assert a public health-based reasoning for the exclusion. This is only general conjecture; with additional details, an Indiana attorney could advise more meaningfully based on state law. Good luck

Tim Akpinar

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