The Restaurant Association of Ireland claims the distinction between hotel dining rooms and regular restaurants when it comes to serving indoors is discriminatory.
A High Court judge has directed the Minister for Health to outline the reasons for allowing indoor dining in hotels and B&Bs, but not in regular restaurants.
As it stands, hotels and guest houses can serve their overnight guests in their dining rooms, but restaurant owners will have to wait until next month to do the same.
Our Courts Correspondent Frank Greaney reports:
"The Restaurant Association of Ireland claims the distinction between hotel dining rooms and regular restaurants when it comes to serving indoors is discriminatory.
The distinction has been in place since the start of the month and isn’t due to change until July 5th, when restaurants can resume indoor dining.
Senator Michael McDowell, who’s representing the lobby group, asked the High Court today for permission to challenge the law underpinning the distinction.
He said his clients accepted the need for restrictions to stop the spread of Covid-19, but he described the current situation as “disproportionate and irrational.”
Given that ***indoor dining is set to resume two weeks today, the judge decided to direct the Minister for Health to outline his reasons for the distinction by July 2nd.
The case will come back before his court three days after the restriction is due to be lifted."

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