The restaurant operating company, which received a time saving order based on the Special Measures Law from the Tokyo Metropolitan Government, complained that it had infringed on its freedom of business, saying that it did not respond to the request to shorten the business hours due to the issuance of the state of emergency of the new Corona. The judgment of the trial will be handed down in the Tokyo District Court on the 16th.
This is the first time that a ruling has been made over a time-saving order to deal with the new corona, and the court's decision will be watched.
The restaurant management company "Global Dining" has been in the Special Measures Law in March last year when the second state of emergency was declared in Tokyo, saying that "it continues to operate after 8 pm and increases the risk of infection." Based on this, we received an order from the city to shorten business hours.
Of the 32 restaurants ordered by the Tokyo Metropolitan Government during the second declaration period, 26 are restaurants operated by this company, and the company filed a lawsuit seeking compensation from the Tokyo Metropolitan Government. It was shot at, though. Special measures and orders violate the Constitution, which guarantees freedom of business and equality under the law. "
On the other hand, the capital claims that the order is justified, saying that "the plaintiff's company is a listed company and has a strong social influence and has a large impact on other restaurants."
This is the first time that a ruling has been handed down over a time-saving order for measures against the new corona, and the court's decision is drawing attention as to whether it can be said that the administrative restrictions on business due to infection control measures were appropriate.
The judgment will be handed down at the Tokyo District Court at 3:00 pm on the 16th.
The "order" of the city based on the revised Special Measures Law is
Prefectural governors can issue "orders" to stores that do not respond to requests to shorten business hours, based on the revised Special Measures Law for New Coronavirus Countermeasures that came into effect last year.
The capital has set the target of the "order" as a store that did not respond without a justifiable reason, even if the staff directly worked or made individual requests in writing.
According to the capital, it has issued "orders" to a total of 192 restaurants so far.
Of these, during the period of the state of emergency until March 21, last year, when the capital requested restaurants to shorten their business hours by 8:00 pm, 32 stores were "ordered".
Twenty-six of the 32 were stores run by Global Dining.
In response to this "order", Global Dining accepts shorter hours at all stores.
The capital explains that the procedures up to the "order" are carried out based on administrative communication from the national government.