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San Diego Superior Court Judge Joel Wohlfeil granted an injunction last Wednesday in that case that not only allowed the strip clubs to reopen, but also “businesses with restaurant service.”
Wohlfeil wrote in his initial decision that the county had “provided the Court with no evidence that San Diego County businesses with restaurant service” that implemented the county’s health protocols posed any risk to the spread of COVID-19.
Restaurant owners, harmed by revenue and job losses stemming from the shutdowns, reacted warily last week. That Thursday, just one of eight restaurant operators contacted by The San Diego Union-Tribune was preparing to reopen. Many restaurant owners said they were waiting for more information before deciding how to proceed.
The new restrictions for the Southern California region go into effect at 11:59 p.m. Sunday, Dec. 6, and must stay in place for at least three weeks because the region’s intensive care capacity has dropped below 15 percent.
The order came after a flurry of court activity last week in a case initially centered around two San Diego strip clubs Cheetahs Gentlemen’s Club and Pacers Showgirls International that had filed a lawsuit seeking to prevent state and local authorities from enforcing certain restrictions aimed at slowing the spread of COVID-19.
The strip clubs argued that they were operating safely, with reduced capacities and heightened safety measures, and that no COVID-19 cases had been traced to the businesses.
December 21, 2020 8:40 PMLegal
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LOS ANGELES Last week, as AVN reported, a judge in San Diego County ruled that two strip clubs there may open their doors in defiance of orders to remain closed from Governor Gavin Newsom (pictured), as part of the state’s COVID-19 pandemic health restrictions.
But now, a three-judge appeals court panel has blocked the lower court judge’s order, forcing the strip clubs to remain closed. Last week, San Diego Superior Court Judge Joel Wohlfeil held that his ruling not only applied to the two clubs Cheetahs Gentlemen’s Club and Pacers Showgirls International but to any establishment, strip club or not, providing “restaurant service.”
The request for a stay argued that San Diego Superior Court Judge Joel Wohlfeil overreached his authority Wednesday, Dec. 16, when he issued the injunction prohibiting state and local officials from enforcing restrictions on dining that limited restaurants to providing only take-out service and banned live entertainment.
The state said the move jeopardized the health of county residents because it undercut public health orders aimed at mitigating the spread of the disease.
Wohlfeil’s ruling, which went into effect immediately, came in a lawsuit filed by owners of two San Diego strip clubs, Pacers and Cheetahs, who challenged public health orders that would have largely shuttered their businesses. But the judge took the step of not only siding with the clubs and prohibiting the state from enforcing the restrictions, but applying that order to all restaurants in the county even though no restaurants were involved in the lawsuit.