Missouri Attorney General files brief in support of Rae’s Café arguing that it is a private club

Gavel and Law book

Missouri Attorney General Eric Schmitt filed an amicus brief in support of Rae’s Café in their lawsuit against Jackson County. The brief, which was filed earlier in the case Jackson County v. Rae’s Café, argues that Rae’s Café, now Rae’s Private Club, is in compliance with the mask mandate and that Jackson County has violated the owner’s due process rights.

“Jackson County has repeatedly, erroneously, and aggressively attempted to shut down Rae’s Café and Rae’s Private Club. This is yet another example of government bureaucrats attempting to exert the power that they have obtained, aggregated, and maintained by stoking fear throughout the pandemic. Exerting that power to shut down a private business is especially disturbing,” said Attorney General Schmitt. “My Office has been a leader in pushing back against government intrusion and overreach – these are fights that we will tackle head-on. I’m proud to stand with Ms. Wohletz and Rae’s Private Club as they take on Jackson County in court.”

As the brief states, Jackson County has been relentless in their enforcement against Rae’s Café and Rae’s Private Club.

The amicus brief makes two arguments: that Rae’s Café and Rae’s Private Club are in compliance with the mask mandate, and that Jackson County violated owner Amanda Wholetz’s due process rights.

The brief states, “The Mask Mandate’s face covering requirements apply only to places of public accommodation. Thus, because private clubs are not considered places of public accommodation, they are not subject to Jackson County’s Mask Mandate.” The brief states further that Ms. Wohletz and her staff qualified for medical exemptions, as well as the legal direction exemption that the Attorney General’s Office provided through their letter to Jackson County on September 2, 2021.

Further, the brief asserts that Ms. Wohletz’s due process rights were violated because Jackson County failed to provide the required notice and process before revoking her permit and because they sought a temporary restraining order without notice.

The full brief can be found by clicking here.

Attorney General Schmitt previously visited Rae’s Café to support the business and its owner from unprecedented overreach from Jackson County.

The Attorney General’s Office also filed suit against Jackson County last month over their mask mandate.