Judge to hear motion to dismiss lawsuit against lockdown

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Thomas Peinhopf's lawsuit challenged the constitutionality of the government of Guam’s public health measures. (PNC file photo)

Will the lawsuit brought forth by local businessman Thomas Peinhopf against the GovGuam lockdown move forward? That is a question that will soon be answered as the federal court has set a hearing to bring the case before a judge.

District Court Magistrate Judge Michael Bordallo has set a hearing to address the local government’s motion to dismiss the case which challenges Governor Lou Leon Guerrero’s executive order shutting down nonessential businesses at the declaration of Pandemic Condition of Readiness 1.

Peinhopf filed suit in the federal court requesting for relief. Last week, he said this was their last resort in fighting for their livelihoods. A bar owner, he is one of nearly a hundred businesses that have been shut down for nearly 250 days as a result of the pandemic.

Attorney General Leevin Camacho has called for the dismissal of the case, asserting that “Peinhopf has failed to state a constitutionally cognizable claim in which declaratory and injunctive relief can be granted, or any claim for damages against defendants in their official or individual capacities from which they are not immune.”

Judge Bordallo will hear the arguments on December 8th and will deliver his report and recommendation to Chief Judge Frances Tydingco-Gatewood.

Leading up to the hearing, Peinhopf shares that a peaceful pop-up chair protest will be held at the Tumon intersection by Icon and Old Traditions next week Monday from 4 to 5 pm.

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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.