Los Angeles County can maintain its ban on eating outdoors until at least the beginning of February if it so wishes, regardless of state rules, according to an order issued by the California District 2 Court of Appeal.
A panel of three judges for the appeals court suspended the decision of a Los Angeles County Superior Court judge who reportedly required county public health officials to conduct a risk-benefit analysis of the temporary ban enacted in late November. for it to remain in force. A hearing on the matter will be held on 10 February.
Brett Morrow, director of communications for the county’s Department of Public Health, said the most recent legal action, filed on Dec. 18, allows the county to continue protecting residents from the spread of coronavirus as hospitals struggle to accommodate patients with COVID- 19 amid an unprecedented increase in the disease.
“The law is on the side of protecting public health and safety, and we are grateful for the court’s decision,” Morrow said by email, adding that state law allows the public health officer to act “urgently and quickly” during a health crisis.
County officials suspended outdoor dining on November 25 – the day before Thanksgiving – when coronavirus cases began to increase. The California Restaurant Assn. sued to prevent the county ban, with a restaurant in downtown Los Angeles, Engine Co. No. 28, filing a similar lawsuit against the initial suspension, which was due to last three weeks, expiring on December 16.
But a statewide stay-at-home request for the Southern California region, enacted on Dec. 6, replaced the county’s decision to close open-air restaurants, forcing all on-site restaurants to be closed in 11 counties. Still, the two groups tried to lift the LA county ban on eating, and Superior Court Judge James Chalfant said the county would be limited to its initial three-week period, unless it provided further analysis.
“The county must be prevented from continuing with the order to close the restaurant indefinitely,” said Chalfant in the December 8 decision.
County officials appealed Chalfant’s decision on December 17, the day after the ban on outdoor dining in the county ended. But with the mandate of a superior state, there was no immediate practical effect.
The appellate court’s order, however, now allows the county to maintain the ban on dining in effect in the immediate future, even if the state order is lifted – which is unlikely in the near future. On Tuesday, the order to stay at home was extended. It was not clear whether the county would renew its ban.
Jot Condie, president and chief executive of California Restaurant Assn., Said the restrictions devastated restaurant owners and their employees, who were already struggling through the pandemic. Dining outdoors offered a lifeline for some, and restaurants invested thousands of dollars to be able to offer it, he said.
“We have always believed that the county’s goal is to have unrestricted power in this matter – to continue to unfairly and arbitrarily extend its ban on outdoor dining far beyond the timeline of any home stay request,” Condie said in a statement. “Their decision to appeal confirms our suspicions.”
Dennis Ellis, a lawyer for the group, said he believed the case would depend on the county’s need to provide scientific evidence to support the ban.
“This is about the rule of law,” said Ellis, “and whether or not the county should justify its orders.”
Mark Geragos, a lawyer for Engine Co. No. 28, the restaurant he owns in downtown Los Angeles, is also battling the statewide ban.
The lawsuit was filed last week on behalf of the Pineapple Hill Saloon and Grill in Sherman Oaks. The owner, Angela Marsden, was seen in a viral video fighting tears over the ban, which forced her restaurant to close, even when an outdoor dining area was set up by a Hollywood film crew within walking distance. .
“The state health director admitted that he had no data to support outdoor closings, and the governor obviously lost any moral authority due to his hypocrisy,” said Geragos, referring to Newsom’s dinner last month at the French Laundry. .