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State appeals court overturns injunction that allowed restaurants to reopen
Bill Lutzius, owner of Brooklyn Bar & Grill in San Diego, smokes a cigarette and watches old movies alone at the bar on Dec. 15. The restaurant closed temporarily because of state regulations intended to slow the spread of the coronavirus.
(Sam Hodgson / The San Diego Union-Tribune)
The unanimous ruling by the 4th District Court of Appeal says an injunction issued by a San Diego County Superior Court judge erred by including all county restaurants.
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An appeals court Jan. 22 reversed a San Diego County Superior Court judge’s December order that briefly allowed restaurants in the county to reopen.
The court said Wohlfeil’s order was unfair to state and county officials, who were not expecting the judge to include restrictions on restaurants in the case and had not been given the chance to justify them, and that the injunction itself was too vague.
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“In sum, the trial court erred by entering an overbroad injunction that was unsupported by the law and which violated the due process rights of the State and County,” Associate Justice Patricia Guerrero wrote in a 47-page opinion.
Wohlfeil’s injunction was in effect for only a few days before the state got the appeals court to issue an emergency stay. During the brief window of time, some restaurant owners reopened their businesses to allow in-person dining, while others more wary that the injunction would be short-lived remained closed.