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LA judge strikes down abusive outdoor dining ban over lack of evidence justifying it

https://www.hangthecensors.com/481534.html (Natural News) A magistrate has struck down Los Angeles County’s prohibition on outdoor dining for lack of scientific evidence justifying the order. In a Dec. 8 decision, LA County Superior Judge James Chalfant overturned the county’s outdoor dining ban, calling it “abuse … unsupported by any findings.” The Nov. 25 order by the Los Angeles County Department of Public Health mandated that restaurants cease their outdoor operations, following a sharp rise in COVID-19 cases. In his 73-page assessment, Chalfant remarked that “the Restaurant Closure Order is an abuse of the [ Health Department‘s] emergency powers, is not grounded in science, evidence or logic and … [is] unenforceable as a matter of law. The assessment found that the county failed to perform a required risk-benefit analysis about the restriction.

In Stunning Rebuke, LA Judge Strikes Down Abusive Outdoor Dining Ban As Lacking Science, Evidence, or Logic

In Stunning Rebuke, LA Judge Strikes Down Abusive Outdoor Dining Ban As Lacking Science, Evidence, or Logic
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Judge Calls Outdoor Dining Ban Unenforceable | San Fernando Valley Business Journal

A Los Angeles County Judge Tuesday tentatively ruled the county’s Public Health Department “acted arbitrarily” in implementing a prohibition on outdoor dining. The judge stopped the county from extending the ban beyond its original expiration on Dec. 16, but that doesn’t mean county restaurants will be able to reopen then. The statewide Stay at Home order last weekend supersedes regulations from county officials. The earliest that order could expire is Dec. 27, so dining tents and patios will remain shuttered at least until that date. In his decision addressing lawsuits filed by the California Restaurant Association and L.A. restaurant Engine Co. No. 28 that challenged the county ban, Superior Court Judge James Chalfant wrote in his decision: “The Restaurant Closure Order is an abuse of the Department’s emergency powers, is not grounded in science, evidence or logic, and should be adjudicated to be unenforceable as a matter of law.”

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