Small businesses sue Minnesota governor to end stay-at-home order

(FOX 9) - A group of small businesses is suing Minnesota Governor Tim Walz, alleging parts of the governor’s stay at home orders are unconstitutional.

The lawsuit comes a day before Governor Walz announces a decision on whether the stay-at-home order will be extended. At this time, the order is set to expire on Monday, May 4.

"My mantra has been faith over fear because we can’t be scared," said Lana Anderson-Kuchynski. "We’re not supposed to be scared."

Anderson-Kuchynsk owns Title Boxing Club Locations in Coon Rapids, Rogers, and Arden Hills as well as a yoga studio – something she’d been saving for over 20 years.

"It was a long time coming," she says.

She never dreamed the risk would include a pandemic.

"It's made it to where we can't earn even a single penny every day since that time and we’re scared," added Title Boxing Club General Manager Mark Royce.

Royce says they’ve applied for different loans and recently petitioned lawmakers and the governor to open back up.

"They haven’t listened to our phone calls," he said. "It doesn’t seem like they’re being heard so this was an avenue to legally be heard."

They’ve joined a lawsuit with other Minnesota businesses who are suing the state, claiming the governor’s executive order categories of “critical sector,” “essential,” and "non-critical exempt businesses" are unconstitutional.

The lawsuit is not seeking any monetary damages, only that the businesses be allowed to reopen. The governor’s office released a statement saying in part:

"The Governor understands how hard this pandemic is on Minnesotans and their businesses. The virus has forced the state to take drastic action, but it’s action that is within the Governor’s authority. It is also in line with federal guidance and very similar to what other states are doing.”