General Manager Benjamin Madsen defied orders from the Lincoln-Lancaster County Department of Health to shut down Madsen’s bowling & billiards.
KENNETH FERRIERA, Journal Star File Photo
An attorney for Madsen’s Bowling & Billiards and others charged with alleged violations of Lincoln’s health care policies went on trial Friday to persuade a judge to call the mayor and health director to testify at a hearing, in which the validity of the DEMs is questioned, effect at the time.
Two district judges have already ruled against it.
In October Madsen’s attorney Chris Ferdico sent subpoenas to Mayor Leirion Gaylor Baird and Health Director Pat Lopez.
The prosecution asked District Court Judge Timothy Phillips to negate the subpoenas, as such a request is only a review of the records and no new testimony. Phillips agreed.
Madsen’s GM follows up on its promise to sue the health policy
The move not only resulted in Ferdico’s appointment, but ultimately resulted in a hiatus for nearly a dozen other companies that wanted to do the same in around 100 criminal cases for DHM violations.
At Friday’s hearing, Ferdico said there were two questions in front of the court: Madsen’s appeal and the city’s motion to dismiss her.
While normally only definitive orders such as sentences can be challenged, he argued that this issue was different and should fall under an exception, the “doctrine of the security order”, as it has since been cited in other cases.