Fort Myers, Fla.
— The owners of a Fort Myers eatery that serves up the traditional chicken-fried steak are taking legal action against President Donald Trump, alleging they’re being unfairly targeted by his executive order banning travel from seven majority-Muslim countries.
In a lawsuit filed Monday in federal court in New Orleans, the owners of the Red Wing restaurant allege that Trump’s executive order violates the First Amendment.
It also says that the executive order is a violation of the National Labor Relations Act, which prohibits employers from retaliating against workers who have unionized.
The lawsuit is being filed on behalf of the owners and others who have sued the president in an effort to overturn the order.
The owners of Red Wing, which has more than 300 locations nationwide, have been trying to get a restraining order against the executive action since March, but were told by a judge on Thursday that a temporary restraining order was needed because the order is still under review.
The judge told the owners they would have to file a notice of intent to sue to get that order.
“I have to get it,” the judge said.
“I can’t go ahead and wait until it’s on the docket.”
The owners say Trump’s orders are an attack on the First, Second and Fourth Amendments, which guarantee freedom of religion, speech and association.
“The President’s Executive Order, like every other executive order under his tenure, is an attack against the First and the Second Amendments,” said the lawsuit, filed on the attorneys general’ behalf.
“In this case, the executive orders are based on the President’s assertion that religious freedom is under attack by an international movement that seeks to impose a religion on America.
The Plaintiffs’ religious freedom concerns are legitimate, and we look forward to defending these First Amendment rights in court.”
The lawsuit, which is being litigated in federal district court in Florida, says that in December, the federal government issued a revised version of its executive order on the immigration order that the owners had filed in the state’s courts.
The revised order bans travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
The plaintiffs say they had previously sued Trump and the White House for the order in January.