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A California judge cleared the way Thursday for all restaurants in San Diego County to on-site dining, marking a major, if temporary, setback to the governor's stay-at-home order to slow the spread of the coronavirus before the state's intensive care units run out of beds.
Photo by a. One judge in San Diego says strip clubs are too — and should be allowed to stay open. The legal fight is not over though. Associated Press: San Diego to fight ruling letting strip clubs stay open.
An appeals court Friday overturned a San Diego Superior Court judge's ruling that would have reopened San Diego County restaurants amid COVID restrictions, finding that the judge issued "an overbroad injunction that was unsupported by the law. Wohlfeil prohibiting the state of California and San Diego County from enforcing pandemic restrictions on all county restaurants. The injunction, which stemmed from a lawsuit brought by two San Diego strip clubs challenging the state's pandemic restrictions, was expanded to encompass all county restaurants through Wohlfeil's injunction, a decision that was quickly appealed by the state and county.
A three-justice appellate panel ruled that the state and county were not provided a proper opportunity to make arguments regarding restaurant restrictions, as that was not the subject of the case filed by Cheetahs Gentleman's Club and Pacers Showgirls International.
The ruling states that Wohlfeil "violated due process by ening the state and county parties from enforcing restaurant restrictions, and that portion of the preliminary injunction must be reversed. According to the appeals court, the injunction was also "unreasonably vague" as to what pandemic protocols public health officials would be permitted to enforce.
Supervisor Nathan Fletcher, who's been the most vocal supervisor in support of business restrictions during the pandemic, criticized the basis for Wohlfeil's ruling and accused the judge of dismissing scientific studies and San Diego County's own experience with surging COVID cases. On Friday, Fletcher sent out the following statement in response to the decision of the Court of Appeal:.
Public Health Order. 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. Public Health Order restrictions Dec 24, Back to Article.
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