A group called the Free Minnesota Small Business Coalition has filed a lawsuit against Governor Tim Walz. Dan McGrath is a spokesperson for the group. He says the Governor is picking winners and losers.

“The 14th amendment requires equal protection under the law,” said McGrath. “When the Governor says Wal-Mart can sell sneakers, but your mom and pop shoe store cannot, he is not treating those businesses equally under the constitution. That’s the basis of our lawsuit.”

As of Friday, Minnesota’s Largest Candy Store in Jordan was allowed to open. McGrath says all businesses deserve the right to be open but that decision proves the Governor’s decisions are arbitrary.

“The fact that this one candy store gets to open, getting special favoritism, backs up our claim that the Governor’s decisions to close down some businesses and keep other open are completely arbitrary. And if they’re arbitrary, it’s unconstitutional under the 14th amendment,” said McGrath.

McGrath says it will likely be 30 days before the lawsuit gets a hearing in the Minnesota Court of Appeals.