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Court finds COVID restrictions for Tokyo restaurant chain illegal

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since many bars stayed open late during the pandemic, I had assumed that the 8pm cutoff was semi-voluntary.

perhaps because this restaurant drew attention, the orders were enforced? most shops that defied the orders seem to have quietly gotten away with it

24 ( +24 / -0 )

obladi

Today 06:54 am JST

since many bars stayed open late during the pandemic, I had assumed that the 8pm cutoff was semi-voluntary.

You know what they say about "assume".

The information was well publicised.

In theory if they didn't close they were subjected to fines.

But enforcement was sporadic and depended on people reporting.

3 ( +10 / -7 )

Unconditional and unsupported by logic. Good for the business owners.

28 ( +34 / -6 )

Damages claim of 104 yen ?

What part of this whole situation isn't ridiculous.

Dumb and dumber !

Yes exactly ass u me .

-1 ( +11 / -12 )

Just the beginning of all of this being ruled illegal in courts after the fact. Just as was mentioned at the time by some when the government and politicians were doing it all.

12 ( +15 / -3 )

I’m glad he won.

Hitting a person’s business and livelihood on unproven assumptions that are not law is unjust.

How many places lost their businesses, due to it.

He asserted his rights, not for monetary reward but principle, and under the law, won.

23 ( +29 / -6 )

We are aware that the order was necessary and appropriate to prevent infections.

No, it was arbitrary, unscientific, and was an overreach by the government.

20 ( +26 / -6 )

The court also denied a claim by the company alleging negligence by Tokyo Gov Yuriko Koike, dismissing their damages claim of 104 yen. As part of its reasoning, the court said the metropolitan government had allowed disobedient companies to explain their positions.

So allowing the company to explain its position ... nullifies negligence? So if, for example, Toyota vehicles are found to have braking flaws, the company can avoid negligence by ... allowing the victims' families to vent? Makes no sense.

14 ( +17 / -3 )

The company, which runs dozens of restaurants, including Gonpachi, a Japanese-style pub famous for its scene in Quentin Tarantino's film "Kill Bill," immediately appealed the ruling.

It might be illuminating to know if Global Dining, a large franchiser, rents or owns most of its outlets.

Did they retain staff during the period of reduced traffic or let them go?

Did they receive any partial subsidies for some outlets while defying the closing orders for others?

Clearly an agenda was at play here.

-5 ( +5 / -10 )

The Japanese government and specially the Tokyo's is used to getting away with a patchwork of loosely defined rules that they use instead of a core reform of laws, if something is serious enough to merit action then it should be done properly, and if the government accept it can't modify the laws to reach the objective then it should not make do with half thought temporary modifications either.

5 ( +19 / -14 )

Lots of American business,will get hit Covid liability lawsuits,this year

-1 ( +6 / -7 )

At the time the whole thing was more than ridiculous. Government was telling eateries to close at 8 and at the same time reduced the number of commuter trains causing more people to be in close proximity to each other. Governments policies were responsible for spreading the China Virus not the eateries!

21 ( +26 / -5 )

He asserted his rights, not for monetary reward but principle, and under the law, won.

Reading this article, this was the most impressive part of this case and what made an impacted on me personally the most.

7 ( +9 / -2 )

Wondering how many restaurants went out of business due to the COVID restrictions.

17 ( +20 / -3 )

One in all in or none at all!

This was one of the most ludicrous unscientific decisons from the Japanese govt during this whole Covid episode!

11 ( +16 / -5 )

Good, I hope the people that lost their businesses are well compensated. The fact that commuting, work and school were never stopped proves the Jgov was just picking and choosing what scientific 'facts' they felt like following. 10 hours a day in an office building, or an hour at a pub on a friday night, which was more 'dangerous'?

11 ( +14 / -3 )

Japanese culture is always “loose” in clarity.

Well, except for the NHK collectors.

I always get a laugh from Japanese when saying that Japanese is not a difficult language, but Japanese people are difficult. :)

7 ( +10 / -3 )

Made sense!

3 ( +5 / -2 )

Well, except for the NHK collectors.

As well as Fukushima evacuation orders, which are mandatory and fully backed by the force of law. Japanese policymakers can create a legal framework if they wanted to for pandemics and other public health threats, but it seems they don't want the political risk and responsibility.

4 ( +7 / -3 )

Good news, and this sets a welcoming precedent for the future.

One thing to watch will be the forthcoming WHO pandemic treaty. If Japan signs and ratifies it, WHO pandemic proclamations could supersede existing law and make it illegal to challenge the rules as Global-Dining did.

-1 ( +5 / -6 )

I think the judges are wrong here. One restaurant may not have material impact in the spreading of COVID, but if all restaurants operate as usual, that would certainly have an impact. Agreeing with this restaurant operator opens the door for everyone to ignore the preventative measures in the future.

0 ( +8 / -8 )

I think the judges are wrong here. One restaurant may not have material impact in the spreading of COVID, but if all restaurants operate as usual, that would certainly have an impact. Agreeing with this restaurant operator opens the door for everyone to ignore the preventative measures in the future.

YES!!! Exactly!!!

and hopefully that’s exactly what will happen.

-6 ( +3 / -9 )

They fail to prove that the virus get virulent, active and contagious after 8PM.

4 ( +7 / -3 )

most shops that defied the orders seem to have quietly gotten away with it

I don't even know what is an order and what is a law here in Japan. It seems like things get enforced here for a month or 2 then the media, government or police moves on to other things. Now I am heading to the supermarket that still hands me free plastic bags after I pay.

1 ( +4 / -3 )

Global Dining is a joke of a company. My bestie applied to a job they had listed online. They had him travel to an interview where they told him the job was already filled, then offered him another position with lower pay, had him meet another HR person who then said the salary the other HR person offered was incorrect and now suddenly everyone makes the same amount when hired regardless of position/experience.

0 ( +5 / -5 )

Time to change the laws…. I wish the story included the amount of corporate welfare this company received all while not caring about public health issues at all . Hopefully, the jgov will take note and just use article 25 of the Japanese Constitution to handle a similar issue in the future. But without all the cash ….

-6 ( +3 / -9 )

The government went after an easy target with the restrictions here, bars and restaurants. They're visible and a lot of them are not tied to giant zibatsu style corporations, thus not leveraging the government with their economic power. The little guy got a kick in the teeth and all the while the government knew it wasn't going to really affect the spread of the virus. It saved that all important face for the LDP though.

5 ( +7 / -2 )

The court also denied a claim by the company alleging negligence by Tokyo Gov Yuriko Koike, dismissing their damages claim of 104 yen. As part of its reasoning, the court said the metropolitan government had allowed disobedient companies to explain their positions.

Wow! Big damages. So, I had to award that damage amount and I paid 110 yen, will I get change back? Too funny!

0 ( +1 / -1 )

Maybe Japanese government should have done nothing at all to respond to COVID. No guidance on prevention measures, no border control restrictions, no encouraging WFH, no limits on big events, no vaccine distribution, etc. either. Just study COVID for another 5+ years until we can get rock solid evidence on how COVID works.

Then no one's "freedoms" would have been restricted.

0 ( +5 / -5 )

Wow! Big damages. So, I had to award that damage amount and I paid 110 yen, will I get change back? Too funny!

This is very common in Japan.

Larger corporations with money often sue the government for as little as ¥1.

It is the win they want and to embarrass the government but taking "tax payer's" money ( which is what government money is) is seen as stealing from the public, actually suing for a large amount ends up turning the public against the company.

Unlike most western countries, the Japanese public understand that large payouts comes from their taxes, while in the west everyone goes "good for them I hope they get all the money they are asking" "make the government pay" but in reality it is you and I that end up paying it doesn't hurt the government or any government official only the tax payers.

7 ( +8 / -1 )

Paul

At the time the whole thing was more than ridiculous. Government was telling eateries to close at 8 and at the same time reduced the number of commuter trains causing more people to be in close proximity to each other. Governments policies were responsible for spreading the China Virus not the eateries!

Everyone knows that the COVID only transmits after 8pm. Based on science. Lol.

2 ( +4 / -2 )

I side with the restaurants/bar owners. It is ridiculous to close down businesses without any scientific evidence that restaurants/bars are sources of COVID transmission. It should be solely up to the restaurant/bar owners if they feel they want to reduce hours, close, or implement COVID measures. Also, leave it up to the patrons whether they want to eat out or not. Support individual freedoms and choice.

1 ( +5 / -4 )

It seems that the chain’s problem wasn’t that they defied the unenforceable voluntary “orders” but they were vocal about it on their website. If they stayed quite they probably would have slid under the radar.

2 ( +3 / -1 )

The whole narrative falls apart when you inspect the evidence. This is just one tiny fraction of the nonsensical hysteria inflicted on the public by deluded 'experts'

-1 ( +3 / -4 )

Global Dining are some of the most over priced dives in all of Japan.

-1 ( +2 / -3 )

These guys are real heroes. I have purposely been using their restaurants more and wish them success.

-2 ( +2 / -4 )

Horrible people. Wear a mask

-6 ( +1 / -7 )

The whole narrative falls apart when you inspect the evidence. This is just one tiny fraction of the nonsensical hysteria inflicted on the public by deluded 'experts'

The recommendations of the experts are much more rational and well sustained than the half baked self contradictory measures that the Tokyo Government enacted. Blaming the terrible execution the government came up on the experts is invalid. The hysteria is much more appropriate for the people that opposed all and every single measure taken no matter how much evidence supported it.

-5 ( +0 / -5 )

Congratulations, Hasegawa-san.

Very good

Makotoni

Gabor Fabricius

-1 ( +1 / -2 )

@Wobot

The whole narrative falls apart when you inspect the evidence. This is just one tiny fraction of the nonsensical hysteria inflicted on the public by deluded 'experts'

Yeah, there is so much "slanted science" these days just paid for by entities or companies to propagate certain self-serving narratives. Big pharma has paid billions upon billions of fines for fraud, misrepresenting, or mispromoting medications claims or hiding side effects by their own funded studies. Banks during the financial collapse were paying rating companies to rate their investment products as AAA+ while they were shorting them and pushing customers to buy them. Smoking industry paid doctors and scientists for decades to propagate that smoking was safe, etc. The list goes on and on. If big companies and industries just stayed more honest and ethical, it would be a lot better.

1 ( +2 / -1 )

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