[ad_1]
SAN DIEGO (AP) – A California judge on Thursday allowed all restaurants in San Diego County to resume on-site dining, marking a major, albeit temporary, setback to staying at the governor’s house to slow down the the coronavirus spread before the state’s intensive care units ran out of beds.
Gov. Gavin Newsom immediately appealed, bringing uncertainty to restaurateurs about whether to buy food and schedule staff a week before Christmas when their victory may soon be overturned.
The case brought to court by two San Diego strip clubs offered the biggest victory to date for California businesses battling public health orders they say have crippled them economically.
San Diego Superior Court Judge Joel Wohlfeil said his decision on Wednesday was “straightforward” by going beyond the strip clubs that have sued the county and state, the Cheetahs Gentlemen’s Club and Pacers Showgirls International. County officials have requested the hearing to clarify its scope.
“It’s meant to encompass all restaurants in San Diego County,” he said in a brief hearing that lasted all but eight minutes.
The county supervisory board was scheduled to meet behind closed doors on Friday to discuss next steps. The board voted 3-2 last week to appeal any unfavorable decision on strip clubs, but the decision did not cover restaurants, rendering it moot.
“The state of California is already appealing the decision, so whether the county agrees or not will have no impact on the outcome,” said county supervisor Nathan Fletcher, who supports the restrictions.
San Diego Mayor Todd Gloria said the city is working closely with the state to understand the implications.
“No one wants our small businesses closed, but science and data show a dire trend in hospitalizations and deaths,” Gloria said.
The air of uncertainty hung over restaurateurs as they considered whether or not to reopen.
Some will reopen only for outdoor dining, said Miles Himmel, spokesperson for county supervisor Jim Desmond, who opposes state restrictions. Others are reluctant because an appeal can force them to shut down again after struggling to buy food and schedule staff a week before Christmas. Some reopen.
Hours after the injunction was released on Wednesday, San Diego County suspended enforcement of its restrictions on indoor and outdoor dining and live entertainment in the county of 3 million people , the second most populous in the state.
The move against the state’s restrictions comes as California recorded a record 379 coronavirus deaths and more than 52,000 new confirmed cases on Thursday.
Wohlfeil said in Wednesday’s ruling that the state had failed to show restaurants and strip clubs contributing to the spread of the virus or the shortage of hospital beds. He said that “businesses in San Diego County offering restaurant services,” including strip clubs, are exempt from closures and “any related ordinances” banning live adult entertainment and going to- beyond the protocols “which are not more than essential” to control the spread of COVID -19.
The judge noted that before they were ordered to close in October, the two strip clubs operated for five weeks under their own security measures – including keeping the strippers 4.6 meters from tables , by not allowing more than one stripper per stage and by requiring them and other employees to wear masks.
Three restaurateurs, including one who owns multiple establishments in San Diego, said they plan to reopen by the weekend. They did not want to be named for fear of being targeted by the authorities.
Angie Weber, owner of Cowboy Star and and Butcher Shop in downtown San Diego, said she was waiting to see if officials appealed before calling her staff to return to work.
“For now, we hope the decision will stand and we will be able to reopen with all of the security protocols we previously had in place,” Weber said in an email Thursday.
Weber’s business stood between two San Diego restaurants and two gyms that have filed lawsuits on behalf of their industries, demanding that California’s four-tier system of pandemic restrictions be declared illegal. The judge in this case rejected their request to resume the activity inside.
In a similar lawsuit against Los Angeles County, a judge found the health director acted “arbitrarily” and failed to prove that the health benefits outweighed the negative economic effects before banning meals inside and out. But the case did not include actions by the state, which issued its order on Dec. 3 that kept restrictions in place only allowing takeout and delivery services and banning social gatherings.
___
Associated Press writer John Antczak contributed to this report from Los Angeles.
[ad_2]
Source link