A California ruling Thursday allowed all Restaurants in San Diego County to resume food at the site, marking a major setback for the order to remain in the governor’s space to stop the spread of coronavirus before the state’s extensive care sets ran out of beds.
The court case filed through two San Diego strip clubs has yielded the biggest victory to date for California that fights public fitness orders that have reportedly paralyzed them financially.
It is unclear whether the resolution can cause additional legal victories for companies in other parts of the state.
San Diego Superior Court Judge Joel Wohlfeil told county officials that they had asked Thursday’s hearing for an explanation that their order was “simple” and went beyond the two strip clubs, Cheetahs Gentlemen’s Club and Pacers Showgirls International, who had sued the county and the state.
“It is meant to surround every restaurant in San Diego County,” he said in a short hearing that lasted 8 minutes.
County and state officials did not comment after the hearing.
Hours after the court order issued Wednesday, San Diego County suspended its restrictions prohibiting indoor and outdoor food and live entertainment in 3 million people county, the second largest in the state.
The resolution opposing state restrictions comes when California recorded 379 coronavirus deaths and more than 52,000 new ones were shown Thursday.
Citing “the record number of new infections, deaths and extensive full-capacity care,” county officials nevertheless suggested to others that they should not meet and move away socially, cover their faces and wash their hands.
Wohlfeil said in his ruling that “San Diego County companies that provide catering services,” adding strip clubs, are free of closures and “any similar ordinances” that prohibit live adult entertainment and go beyond protocols “that are no more vital than essential” to propagation. COVID-19.
The approval ruling noted that before he was ordered to close in October, the two strip clubs in accordance with their own security measures maintained a 15-foot strip of tables, consistent with not allowing more than one consistent strip with level and forcing them and other workers to wear masks.
County supervisors had promised to appeal if the ruling extended their 6 November transitional injunction by exempting strip clubs.
Governor Gavin Newsom’s workplace said in a speech that he was disappointed with the court’s decision, though “we keep company in our commitment to protecting the physical fitness and protection of all Californians. “
Three restaurateurs, in addition to one who owns several San Diego locations, said they plan to reopen over the weekend and should be appointed for fear of being attacked by the authorities.
Angie Weber, owner of Cowboy Star and Butcher Shop in downtown San Diego, said she was waiting to see if officials looked good before calling her staff to get back to work.
“For now, we hope that the resolution will be maintained and that we can reopen with all the security protocols we had in place in the past,” Weber said in an email Thursday.
Weber’s business, located between two San Diego restaurants and two gyms they sued on behalf of their industries, calling for California’s four-tier pandemic formula to be declared illegal, in which case, the ruling rejected his request to resume indoor activity.
In a similar lawsuit opposed to Los Angeles County, a ruling handed down found that the director of fitness had acted “arbitrarily” and had failed to get the benefits of fitness to outweigh the negative economic effects before banning indoor and outdoor food. They do not come with state movements, which issued their order on December 3 that maintained restrictions on office that allowed only takeaway and delivery and prohibited social gatherings.
Steve Hoffman, Cheetahs’ lawyer, said he is “very pleased” with Wednesday’s decision.
“Cheetahs and Pacers will continue to operate in a way that takes all appropriate and mandatory measures to prevent the spread of COVID-19 while providing a means for them to make a living,” he wrote in an article. Email.
The judge’s ruling Wednesday followed a hot debate about the ruling violating the 1st Amendment, which protects naked dancing as a relaxed expression.
“What will be next when there is a major emergency?Are we all going to have a constitution?” said lawyer Jason Saccuzzo, who represents the Pacers.
Patty Li, a state attorney, noted the excessive shortage of beds in extensive care sets and developing expectations in hospital emergency rooms to justify what she pointed to as transitional measures.
“It’s about the total community, the total state,” Li said. “This is the most serious moment of this pandemic in the state, in the country so far. “
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Associated Press John Antczak contributed to the report from Los Angeles.