A new Maryland law that allows bars and restaurants to put up safety grill posts has been challenged in court, as bars and restaurant owners argue that the measures don’t go far enough to keep people safe.
Lawyers for a Baltimore bar group said the city has failed to provide any safety standards and the measure is in violation of a 1972 federal law that bans bars and bars of more than 25 people from placing up more than three inches of metal above the countertop.
The bar group, which is represented by attorney Brian Fishel, is asking the state Supreme Court to issue an injunction to stop the city from enforcing the law.
In an affidavit filed in federal court in Baltimore, the bar group argued that it has the right to put out a warning sign, to install a metal pole at the edge of the balcony and to place an additional post on the edge near the door, which bars and others can’t.
The city has a duty to protect its residents from harm, Fishell said in an affidavit.
If the city can’t do that, then it is liable to its citizens for harm and for causing injury.
The Baltimore city code says bars and establishments that serve alcohol must install safety netting, which are posts on the outside of the bar or restaurant to prevent people from falling from the height.
But Fisheim said the safety net posts aren’t adequate.
The bars are already there, and they don’t need to be replaced,” Fishe said.
The safety net, he said, is designed to protect the people from falls that happen during outdoor activities.”
The city’s goal is to reduce the number of people who fall into the water,” Fischel said.”
If it’s an indoor location, they don