Big Sky Times

Montana’s Attorney General Austin Knudsen ordered County Attorney Marty Lambert to dismiss the Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar case.

“It is the duty of the Attorney General ‘to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices,’" Knudsen said in his letter. “Consistent with this authority, I hereby exercise my supervisory powers with respect to the case entitled Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B.”

“At your earliest convenience, but no later than 12:00 p.m. on January 15, 2021, I order and direct you to dismiss the above-entitled action in accordance with Rule 41(a)(1)(A)(ii) of the Montana Rules of Civil Procedure,” the letter further stated.

Rocking R Bar located in Bozeman had refused to comply with the mandate that businesses should be closed by 10 p.m.. 

Knudsen said the closure rule is illogical and is overly restricting businesses at a time they need to recover. 

“The ten o’clock closure rule defies common sense,” Knudsen said in a statement released on dojmt.gov. “This type of government overreach is devastating to Montana workers and small businesses. Our action today is a clear message that we need to safely reopen our economy and will not allow overzealous local governments to hold Montana businesses and their employees hostage.”