A Superior Court judge ruled the state and county are prohibited from enforcing the order against two San Diego strip clubs.
Wohlfeil wrote that the order applies to the two clubs and added “San Diego County businesses with restaurant services.” No restaurants were plaintiffs in the clubs’ case.
During a brief hearing Dec. 17, Wohlfeil said, “The court’s intention is all businesses which provide restaurant services in the county of San Diego are encompassed in the court’s order.”
The state is appealing the ruling to the 4th District Court of Appeal, according to San Diego County Supervisor Nathan Fletcher and Jason Saccuzzo, a lawyer for Pacers. The state is likely to ask for a stay, which would halt the impact of Wohlfeil’s ruling until the appeal can be heard.
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Some San Diego restaurants reopen despite legal uncertainty
by Elliot Spagat And Julie Watson, The Associated Press
Posted Dec 18, 2020 6:14 pm EDT
Last Updated Dec 18, 2020 at 6:28 pm EDT
SAN DIEGO Eggs, waffles and burritos flew out of the kitchen Friday at The Old Townhouse, a 45-year-old institution in San Diego’s Ocean Beach neighbourhood that immediately resumed indoor dining when a judge cleared the way for restaurants in the state’s second-largest county to ignore Gov. Gavin Newsom’s stay-at-home orders.
“That’s a powerful statement,” owner Ted Caplaneris repeated as he plucked lines from his creased printout of Superior Court Judge Joel Wohlfeil’s ruling and read them aloud.
SAN DIEGO (KUSI) – San Diego County Wednesday evening suspended enforcement of provisions of California’s regional stay-at-home order regarding restaurants and live entertainment establishments in response to a court decision.
A San Diego Superior Court judge ruled Wednesday that the state and county are prohibited from enforcing the order against two San Diego strip clubs.
The county issued a statement Wednesday night announcing it was suspending enforcement of relevant portions of the order until it has clarity about the scope of the ruling by Judge Joel R. Wohlfeil.
Wohlfeil, who previously granted a similar temporary restraining order for Cheetahs Gentlemen’s Club and Pacers Showgirls International, wrote in his nine-page ruling that the state of California and San Diego County have not provided evidence tying the spread of COVID-19 or lack of intensive care unit bed capacity to live adult entertainment or businesses with restaurant service.
Updated: 8:21 AM PST, December 18, 2020
In October, Midway Venutre LLC (Pacers) and Entertainment Group Inc (Cheetah’s) filed a lawsuit against the state. The latest ruling was a win for both establishments.
Two California strip clubs were given the approval by a judge to remain open as long as the environment is safe for dancers and their patrons. The decision came after California Governor Gavin Newsom s regional stay-at-home order that prompted businesses to temporarily shut down, CBS News reported.
The ruling by San Diego Superior Court Judge Joel Wohlfeil s on Wednesday also extended beyond the two strip clubs, Pacers and Cheetah’s, and also applied to San Diego County businesses with restaurant services, that abide by health and safety protocols that ”are no greater than essential to controlling the spread of COVID-19.