But the Jan. 5 suit adds a provision seeking damages and restitution for âunjust enrichmentâ by the restaurants, including âwrongful gains and disgorgement of profits realized through their violations of the order.â
The Lancaster County restaurants named in the new suit all received âclosure by noticeâ orders between Dec. 21 and Dec. 27 from the state Department of Agriculture for violating the indoor dining ban.
The Lancaster County restaurants named in the Jan. 5 department of health suit are:
Brickerville Family Restaurant, 2 28th East Division Highway, Lititz.
Hometown Kitchen, 18 Furnace Road, Quarryville.
New Holland Coffee Company, 832 West Main St., New Holland.
Park City Diner, 884 Plaza Blvd., Lancaster.
Restaurants that continue to defy the closing orders and operate in any manner, according to the Department of Agriculture will be referred to the Pennsylvania Department of Health for further legal action.
About 79 visits to restaurants throughout the state were complaint-driven based on establishments offering dine-in service, said Shannon Powers, Department of Agriculture spokeswoman. The restaurants are among 180 establishments issued warnings by the department
The 40 restaurants were ordered to close for refusing to comply, while the others either agreed to stop dine-in service or had already done so, Powers said.
Some restaurant owners have unsuccessfully filed lawsuits against Wolf’s indoor dining ban. On Wednesday, a judge refused a plea by two central Pa. restaurants and a trade association to end enforcement of the indoor dining ban.