The Ohio Supreme Court has decided not to address the constitutionality of Governor Mike DeWine’s rule that reduced the hours that bars and restaurants were allowed to sell liquor during the Covid pandemic.

Writing for the Court, Justice Jennifer Brunner explained that the justices did not address the issue of whether “Rule 80” was unconstitutional because the rule had expired and is “not reasonably likely” to appear again.

The ruling came in the case of Akron’s Highland Tavern, which was attempting to regain its liquor license that was revoked for violating the 120-day emergency rule imposed three years ago on liquor sale hours.

Justice Brunner said in her ruling that even if the Court declared the rule unconstitutional, the bar took the wrong path to try to reinstate its liquor permits.