LINCOLN- A federal judge struck a blow to Madsen's Bowling & Billiards' legal fight against the city alleging its directed health measures during the COVID-19 pandemic were a violation of constitutional rights.

"The need to prevent the spread of COVID-19 was severe, and the DHMs provided legitimate ways to limit community spread," Chief United States District Judge Robert Rossiter Jr. said in his order striking down a substantial portion of the claims raised.

A number of state claims remain, alleging violations of the Nebraska Opening Meetings Act and abuse of power.

But the judge dismissed the federal constitutional claims against the City of Lincoln, Mayor Leirion Gaylor Baird, Lincoln-Lancaster County Health Director Pat Lopez, and former Police Chief Jeff Bliemeister from the case, leaving only Lancaster County.

In his order, Smith said Madsen's spent considerable time alleging the DHMs issued by the Lincoln-Lancaster County Health Department were void because they exceeded the state's rules. The judge said he was skeptical there was support for a finding that they were illegal, given state statutes that give the health department its powers, but declined to make determinations then.

Not long after, the case moved to U.S. District Court.

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