Kyice’s Kitchen defies lockdown 2.0 by citing the Magna Carta!
Lot of people who have never read Magna Carta or any medieval history have a lot of feelings about what Magna Carta is about, all of them wrong. – Dr Eleanor Janega
An east London restaurant has insisted that a medieval charter gives it the legal right to defy lockdown 2.0 and continue dining-in services.
Kyice’s Kitchen on Brick Lane is citing article 61 of the Magna Carta, originally written in the 13th century, to justify its position.
The owner, who does not wish to be named, told FtLion that under clause 61 “it’s not unlawful to remain open for business and serve customers dining in”.
Having been arrested by local police and later released, he also confirmed: “My lawyer has filed complaints and we are taking legal action on the Met and local council.”
Kyice’s Kitchen joins a growing number of businesses who have appealed to the Magna Carta in an attempt to subvert Covid regulations.
The Halal-friendly Caribbean joint also published a series of Instagram videos which include the arrest of its owner within his premises.
Kyice’s Kitchen posted: “Police attended our restaurant, under common law article 61 of magna carta 1215 I did not comply with what they was asking from me as they was unlawfully trying to force rules & regulation and unlawful fines!! They trespassed, i was also commonly assaulted by the leading sargent then arrested under no section????? But breaking covid regulation!! To my knowledge regulations are laws!! Even though i have a notice of the common law article 61 of the magna carta which clearly states i have the right as a business owner earn a homest living especially if im not breaking any!!! Law!! [sic].”
The owner also revealed: “I can confirm that my lawyer was the person who said it was within my legal rights to remain open.”
Does Clause 61 of the Magna Carta Justify Ignoring Lockdown 2.0?
But a number of authoritative sources have disputed whether the Magna Carta can be used in defiance of lockdown 2.0 which is scheduled to end on 2 December.
Popular London based charity, Full Fact, which is known for correcting misleading facts, published a rebuttal titled: “Article 61” of Magna Carta doesn’t allow you to ignore Covid-19 regulations, a day after the country went into lockdown on 5 November.
Tackling the allegation “that businesses don’t have to close under Covid-19 regulations”, the organisation concluded: “This is all incorrect. Clause 61 of the 1215 Magna Carta set out rules for 25 specific barons. It did not allow the general population to rebel, and it was also removed from subsequent versions of the document.”
Historian, Dr Eleanor Janega, also responded to a tweet suggesting that merely displaying article 61 on a shop window would protect a business from being fined or forced to close.
Lot of people who have never read Magna Carta or any medieval history have a lot of feelings about what Magna Carta is about, all of them wrong.
— Dr Eleanor Janega (@GoingMedieval) November 2, 2020
“As a medieval historian I am afraid I am going to have to remind divorced twitter once again that Magna Carta does not refer to ‘the people’. It refers to the nobility, which your local pub is very sadly not,” she chided.
She also added: “Lot of people who have never read Magna Carta or any medieval history have a lot of feelings about what Magna Carta is about, all of them wrong.”