Several business owners have filed against a lawsuit against Governor Walz claiming his categories of Critical Sector and essential Non-Critical Exempt Businesses are unconstitutional under the US Constitution’s Equal Protection Clause. The lawsuit was brought up during a news conference Wednesday. Minnesota Department of Employment and Economic Development Commissioner Steve Grove responded without specifically addressing the lawsuit.

“The lines that the Governor has had to draw in these executive orders have taken into account data and broad national guidance that came from the department of homeland security,” said Grove. “We get it. We understand why small business isn’t allowed to be open and a larger big box store is. That is challenging.”

The Free Minnesota Small Business Coalition is bringing the legal challenge forth. Group spokesperson Dan McGrath said in a statement they believe they can mitigate the risk of COVID-19 while still respecting the rights of citizens and preserving crucial small businesses.