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.