An appeals court overturned a San Diego judge’s ruling that allowed restaurants and strip clubs to reopen for in-door business amid statewide coronavirus restrictions, finding he issued an “overbroad injunction that was unsupported by the law.”
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 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.
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On Wednesday, the 4th Appellate Court of California announced it was continuing the stay issued last week. We have considered the request for a stay, the opposition, the amicus curiae brief, and the limited record before us, court papers released Wednesday stated. We conclude the stay should continue in place until this court can address the important legal and constitutional issues raised by the parties regarding the injunction. County Supervisor Nathan Fletcher addressed the public before a closed session meeting with county leaders to mull a judge s surprise temporary injunction that allowed for restaurants to reopen.